Pondicherry Village and Commune Panchayat Act(PDF,12

THE PONDICHERRY VILLAGE AND COMMUNE PANCHAYATS ACT, 1973 (No. 10 of 1473) Q ARRANGEMENT OF SECTIONS CHAPTER I

Sections 1. Short title, extent and commencement. 2. Definitions.

CHAPTER I1

CONSTITUTIONOF VJLLAGEPANCHAYAT AND COMMUNEPANCHAYAT COUNCILS Formation of Panchayat Village and ~dmmune Panchayat 3. Formation of panchayat village. : 4. Township. 5. Formation of commune panchayats. 6. Constitution of village panchayats and; their incorporation. 7. Strength of a village panchayat. I 8. Constitution of commune panchayat ;councils for commune panchayats and their incorporations. 9. Composition and strength of a commune panchayat council.

Elections and term of ofice of members 10. Election of members. 11. Reservation of seats for members co-option of women. 12. Delimitation of wards. 13. Term of office of members. 14. Village panchayat to elect members ertain cases and the term of office of such members. , 15. Tenure of members of commune pa 16. Election to more than one seat. 17. Qualifications for inclusion in electoial roll for panchayat village and publication thereof. 18 Power to rearrange and republish electbra1 roll. i 1 I i 478 I Sections

Qualijications, disqual5fications, etc., of members of a village panchayat 19. Qualification of candidates. 20. Disqualification of officers and other employees of Govern- ment and local bodies. 21. Disqualification of persons convicted of election offences. 22. Disqualifications of candidates. 23. Disqualifications of members. 24. Restoration of members to office. 25. Authority to decide questions of disqualification of members. 26. Oath or affirmation to be made by members. -27. Corrupt practices and electoral offences. I Requisitioning of property for election purposes I 28. Requisitioning of premises, vehiqles, etc., for eleetion purposes. 29. Payment of compensation. 30. Power to obtain information. 31. Powers of entry into and inspection of premises etc. 32. Eviction from requisitioned premises. 33. Release of premises from requisition. 34. Penalty for contravention of any order regarding ;equi- sitioning. 35. Dispute as to validity of election. 36. Fresh elections. 37. Publication of the results of election. 38. Power to make rules regulating elections. 39. Jurisdiction of qivil courts barred.

President and Vice-President 40. President and vice-president of village panchayat. 41. Election of president. 42. Election of vice-president. 43. Cessation of office of president and vice-president. 44. President, vice-president or member not to cease to hold office. 45. Functions of the president. 46. Devolution and delegation of president's functions and filling up of vacancies in the office of president. 47. Delegation of functions of president. Sections I Chairman and vice-chirm~n 48. Chairman and vice-chairman of commane panchayat councils. 48A. Election of chairman. 48B. Election of vice-chairman. i 48C. Cessation of office of chairman and 3icechairman. 48D. Functions of the chairman. 49. Devolution and delegation of chairmap's functions and filling up of vacancies in the office of chaiwan. Members 50. Rights of individual members. 5 1. No president, vice-president, chairmati, vice-chairman ' or member to receive remuneration. 52. Appointment of executive officers for certain village panchayats. 53. Functions of executive officer. Powers and duties of the executive ;authority 54. Functions of the executive authority.

The commissioner : 55. Commissioners. 56. Emergency powers of commissioner. ' Procedure Presidency at meetings of village panchrlyats. Meetings of commune panchayat councils. Members when to abstain from taking part in discussion and voting. Minutes of proceedings. Power of village panchayat and commqe panchayat council to call for records. Proceedings of village panchayat, commune panchayat councils and committees. Appointment of joint committees. Committees. % Administration reports of village panch+ats. Administration reports of commune pawhayat councils. Validation of proceedings i 67. Acts of village panchayats, commune pa/xhayat councils etc., not to be invalidated by informality, tacancy, etc. 68. Establishment of the vifIage panchaGt and eommliflf5 - panday& cauncil. 69. Power to grant leave to txtablishment. '10. Special pvisiolrsr rarg91.ihtlg afficers snd crthts anjdqccs of the Government lent to commune panchapt council, Ti. kjovincialisation of any class .of o&3ce& w commune panchayat council. 72. Appointment of common offiw. . 73. Transfer of and other mpbqym.

76. Duty of village panchayat to provide for certitia ~lktttirs. 77. Bower of village panchayat to provide fm eain other matters, 78. Duty of commune panchayat eptrheii to 'provide for ?+in 'Ezxatm. 79. Emt~tof exclwrtia~ of Mnity Wtrciownt Pr0gra;mw to COmmttBClr gadast mcik. 80. Power of commune panchayat council to pr&& far mrtaia matters. 81. Common water-works and burial a&3 burning gro&ds, etc. 82. Lighting of public roads and public pI&s. . , 83. Maintenance of child-weIf8td cmtms, 6 84. Transfer of immovable property, maswat of. imti- tutions, execution or mainten- 9fbworks, e.,to a . * village panchayat. . - 85. Government's power to add do %actiotas of c;oh.rnane psnt!hwat eonncil. 86. Limitation of pb~er, CO acctgthg' iknatias md * &ts . 87. Vesting of public roads in vilf- .prmdwtrr, '. *.. 88. Y.ksting d puMk I&. in eo~umpasch- a&clcilS. 89. Duty of village pnchay+ + cq~&mu~cp&g& or;tW ia respect of' puI$ic roads excluded from th&. operaGse of t6 Act. * - Sections

90. Precautions in case of drii~gerou!jktructures. 91, Precautions in case of dangerous trees. 92. Fencing of buildings or land and pruning of hedges and trees. I -- 93: Prohibition against obstruction4 in or over public roads, etc. 1 94. Vesting of communal propetty or income in village panchayat. 95. Vesting of water-works in villas panchayats. 96. Maintenance of irrigation works, execution of kudintaramat, etc. 97. Village panchayat to regulate the use of certain poran- .bokes. i 98. Collected sewage, etc., to belong to village panchayat. 99. Immovable property required bly village panchayat may be acquired under the Land Acq-iDisition Act, 1894. . 100. Contributions from persons haYing control over glace of pilgrimage, etc. 1 101. Power to order closure of placeg of public entertainment. 102. Minor sufferipg from dangerobs diseases not to attend 1 SC~OO~S. - 103. Compulsory vaccination. 104. Obligation to give information of small-pox ar cholera. : 105. Precautions in case of dangerous tanks, wells, holes, etc. 106. Removal of filth or noliious begetation from lands and buildings. r I' , 107. Power of commissioner or exsutive authority to use or sell materials of dangerous str4cture taken down, etc. 108. Limitation of ,compensation. 109. Publie markets. i 110. Licensing of private markets.

- 111. Decision of disputes as to whetkr places are markets. ' 112. Prohibition of sale in unlicensed :private markets, etc. 113. Prohibition against sale in publiq roads. 114. Classificatiop of markets. 115. Acquisition of right of persons to ho 116. Public I3nding pie* and cart-sflands, e 1 I?. 'Private -‘cab-stiiidi. " -i Sections . 118, Public slaughter-houses.

, 119. Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers. 120. Numbering of buildings. 121. Purposes for which places may not be used without a licence. 122. Permission for the construction of factories and the installation of machinery. 123. 'Power of Government to make rules in respect of the grant and renewal of licences and permissions.

CHAPTER IV

TAXATIONAND FINANCE 124. Local cess. 125. Local cess surcharge. 126. Rules regarding collection of local cess. 127. Taxes leviable by village panchayat. 128. Taxes leviable by commune panchayat council. 129. Mode of collection of tax leviable. . . House tax. 130. Method of assessment and rate of levy of house tax. 131. Appointment of authorised valuation officer. 132. Preparation of assessment list. 133. Authorised valuation officer to check assessment. 134. Publication of notice of assessment list. 135. Public notice of time fixed for lodging objections. 1%. Objection how to be dealt with. 137. Authentic list how far concIusive. 138. Amendment of assessment list. 139. Assessment to be done after every five years. 140. Recovery of house tax from the owner by the occupier. 141. Levy of house tax or profession tax on a direction by Government. 142. Power to make rules regarding house tax. Profession tax.

143. Profession tax. 144. Statements, returns, etc., to be confidential. Sections

145. Owner or occupier to furnish list1 of persons liable to tax. 146. Requisition of employers or their 1 representatives to furnish list. 1 147. Deduction of profession tax from {salary or wages or other sum. i 148. Appeals against assessments.

Duty on transfers of pnoperty. 1 149. Duty on transfers of property. 150. Exemptions. 151. Power to require land revenue staff to collext taxes and fees due to village panchayat and coipmune panchayat council. 152. Write-off of irrecoverable amounts,

Duty on Toddy Trdes.

153. Levy of duty on toddy trees.

Entertainments tax.

154. Tax on payment for admission to entertainments. 155. Additional tax on cinematograph ekhibition. 156. Composition and consolidated payment of tax, 157. Admission to entertainments. 158. Manner of payment of tax. 159. Returns. 160. Entertainment exempted from payment of tax. 161. Inspection. 162. Exemption from payment for admission. 163. Powers of entry, search and seizura. 164. Power to make rules.

Recovery of taxes, fees, cesses pnd other dues

165. Mode of recovery of taxes, fees, cesses, and other dues. 166. Mode of collection. 167. Distraint and sale of movable property. 168. Power of entry by force under speaial order. 169. Inventory and notice of distress anid sak. 170. Property d dekdter may be, distraw wherever. fsund, 171. Sale of property. , Sections I 172. When occupier may be lidd liable for payment of house tax. 173. -Certain amount to be recovered as arrears of land revenue. 174. Imposition of fine. 175. Payment of interest in case of default of payment of taxes. 1%. Appeal. 177. Procedure in appeal. 178. Revision by court. 179. Bar of other proceedings. 180. Equalisation fund of panchayats. 181. Local cess surcharge matching grant. 182. Classification of commune panchayats. f83. Lacal roads grant. 184. House tax matching grant. ES. Deduction from grants in certain cases.

Vftfage and commune panchayat fund.

186. Constit~tion of commune panchayat fund and village panehayat fund. 187. Commune panchayat fund. 188. Village panchayat fund.

Expenditure.

189. Application sf moneys received and expenditure from funds. 190. Expenditure from commune panchayat fund and village panchayat fund. 191. Preparation and sanction of budgets. 192. Appointment of auditarsr, 193. ContriWtions to expenditure by other focal a~thortries. 194. Recovery of loans and advances made by Government.

CHAPTER Y , .

CONTROLLINGAUTHORITIES

195. Appointment of officers to supervise commune panchayat". councils and village pmebya&. 1%. Power to regulate cendil%ns of swim, etc. 197. Powers of inspecting offim. e Sections

198. Powers of officers for purpose of 199. Power to suspend or cancel 200. Emergency powers of Director. 201. Power to take action in default ey a village panchayat or its president or by a commune panchayat council or its chairman. 202. Removal of president. 203. Removal of vice-president. I 204. Removal of chairman or vice-chairinan. 204A.Removal of vice-chairman. 205. Resignation of office. 1 206. Motion of no-confidence on yice-president of village panchayat. 207. Motion of no-confidence on chairrpan or vice-chairman of commune panchayat councils. 208. L'issolution and supersession of village panchayats. 209. Dissolution of commune panchayat council. 209A. Power to appoint special officer ih certain cases. 210. Powers of officers acting for or in default of village panchayat or commune panchajrat council and liability of village panchayat or communei panchayat fund. 21 1. Delegation of powers. 212. Revision.

CHAPTER VI

GENERALAND MISCBLLANEOUS Licences and permisshns. I 213. General provisions regarding licences and permissions. 214. Government not to obtain Iicences and permissions.

Power to enforce notices etc. 215. Time for complying with notice, order, etc., and power to enforce in default.

I Powers of entry and insection.

216. powers of entry and inspection. 217. Testing of weights and measures. 218. Power to call for information from karnamr. I , - 219. Limitatibn for acov&y .of dues; -

Prosecutions, suits, etc. 3w a 220. Persons empowered to prosecute. - 221. Compmition of o&m. 222. Prosecutions and cornpitions to be reported to village pancfrttyat ax commune panehayat ttncil. . 223. Sanction for prosecutien. 224. Notice of action against village panchayat, etc, 225. Protection of chairman, and officers acting in jgm& faith. 226. Injunctions not to be granted in eltxtka 227. Liability of president, ex-* &at a village panchayat and &aimma, weerand members of a com ayat council for loss, waste or misapplication. 228. Assessment etc., not 229, Public road, marke& w&s, tatah, etc., to be open to d. 230. Power to farm out fees.

237. Cattle-trespass Act to cease to apply to pnchayat areas. 238. Power to establish- ~tle-~.low&sand appoint pound- keepers. 239. Duties of pound-k.eepeps.- - 240. Impounding cattle. 241. Delivety of cat* claimed - i .242, Seourjty in respect of -impawded 4.. - 243. Sale of cattle pot claimed. ' - - : 244, Pougd-fees and expease ch t~ bc &ed. 245. Complaints of illep&~'s:eizrtre.or -detention. - - 246. Definitions. i 247. Issue of notice to show cause tygainst order of eviction. * 248. Eviction of unauth~idmupj~ts. 249. Disposal of property or poppty left on panehayat pre- , wises by wauthdsed mitpaakq. 230. Power to. tmet rmt. ob in respect of panchayat premises: as arrears of land i i

8 255. Ewtr to make mles. 4

CHAPTER IX . -

Dtk~itions. Constitution of. condifiation boaid. Place of proceedings. Commencement of proceedinp &r cowiliatian. wihtess. Board not to administer oath. Result of conciliatisrt to be recorded. Mairttenanee of regist $%ation proceedings. Execution sf settlemcst--- -. 1 Stxreey of proceedings. 272. Seal of nyaya paschayak I ' 273. =:&k#pttict @f biwof By- panhyod 33% Mmyak d aryay4.-pasrahwat. 27s Qmtm and ckieishns at the: @t&p d thc: t. 276. Nyaya panchayat to haua emlusixe~&il & criminal jurisidiction. , .,

civil jurisBictic*~.

277. Suits eoga@b@ by npp .- - 278. Suits not cognizable by a a&" :?,n- 279. ~Cmpromiseof suits. 280. Thc ayaya padapt. in w~b&it,'is 30 bc' jislitofbd,: 281: Suits to include the ~bok,claim: 282. Commencement of procee;Zbw Q o &it b%&k a -pyhya P"C@Y~~. " 283. Incidental determination , af ' matters n3'.a.Ya W*Y* ' 284. ' Apppanm In perwn or @ 'agent, 285. Exemption of certain persons from. in mih . - 286. Limitation. m 287, Death of partip. ' 288. Nyays g~hayatmay &sfa~ eMai. suits 'la, ~eal -. Officers.

289. Transfer of certain sub. I 290. On conclusiori of hearing, nyaya panch&at to pass deck, 291. Contents of decree. 292. Decree may award ipteEwt or order payment by instalments. , I- ./_, 293. Satisfaction of decree to be recor 294. Execution.c+f &&me. 295. Appeal.

j&&M

2%. Nyaya panchayat to take cognizance of off-. %*--s - 297. Certain persons accused of theft not to nyaya papchawt. 298, Compounding d oBbxm. 489 Sections 1I

299. Compensation to complainant, etc. i - - 300. Compensation to ,awed for false or trivolous case. 301. Conviction +y a nyaya panchayat net a previous conviction. -302. Inquiry by a nyaya panchayat under setion 202, Code of Criminal Procedure, 1898, 4 303. Youthful offenders. i 304. Order to maintain wives and children.

Miscellaneous.

305. Res-judicata and pending suits and cases.' 306. Institution of suits and cases. 307. Summons to be issued to the defendant :or accused. 368. Disposal of suits and cases in absence of party concerned. 309. Issue of summons to witnesses. 1 - 310. Assistance of police to the nyaya panchayat. 311. Fresh hearing of pending suits, etc., if pore than one-half of members vacate office. 312.' Nyaya panchayat not to revise or alter 313. Right of an arrested person to be d practitioner. 314. Applicability of certain sections of the Code of Criminal. Procedure, 1898, to nyaya panchayat. a 315. Power of Government to dissolve a nybya panehayat.

316. Appointment- - and -funCtions of the sdcretary of nyaya panchayat. 317. Power of Government to make rules. ' I

CHAPTER X i RULES, BYE-LAWSAND PENALTIES

Rules.

38. Power of Governmeat to mab .rubs. 319. Penalties for breach of rules. i Bye-laws j 1 320. Bye-laws and penalties for their breach,{ S@cr~o?w Penalties.

321: - - IZunishments for certain offerrces. 322. Penalty for acting as member, president, vice-president of a village panchayat or as member, chairman QF vice- chairman of a commune pmchayat council, wfien didis- qualified. 323. Penalty for acquisition by an officer or servant of- inter& in contract work. 324. Wrongful restraint of executive authority or commissioaer or his delegate. 325. Prohibition against obstruction of village panchayat, commune panchayat councils, etc. 326. Prohibition against removal or obliteration of notice. 327. Penalty for not giving information or for giving false information. CHAPTER XI . MWELLANROUS 328. ~ntension of provisions of the Po~dishnfy Muakipdtia Act, 1973 or of any mk6 made thereunder. 329. Bower to remove difficulties. 330. Publication of rules , commencement of mles and nstifi- cations and placing of rules and orders on the Table - of the Assembly. 331. Power of Government to make suitable provisions by ~rda when a panchayat village or commune panchayat is created or altered. CHAPTER XI1

332. RepCal and savings. 333. Special provisions regarding the term of councilFots or members of existing council whose term is due to expire. 334. Consequences of replacement of existing councils. 334.A. Persons by whom certain functions or duties are. to bQ performed or discharged. 334.B. Successor conhnune panchayat to exercise powers and perform Functions of 'village pawhayat. 335. Provisions as to employees existing before the: cmrnmee- ment of this Act. 336, Obligation to carry out certain duties and fmctions of existing councils.

@I* GOVERNMENT OF PONDICHERRY LAW DEPARTMENT

Pondicherry, the 201th Aguust, 1973, < The -following Act sf the Legislative Fssembly, Pondicherry, rectived the assent of the Lieutenant-Governor, Pondicherry on the 13th August, 1973 and is hereby published for'general information:-

THE PONDICHERRY VILLAGE AWD COMMUNE I ANCHAYATS ACT, $973. I (No. 10 of 1973) ;

I AN ACT to consolidate and amend the law reikting to the communes in the Uniw tert.itury.bof Ponckhevy with a view to reorganise the administration pert-w to ld-Government in futtherance of the object of the democratic decentralisation of powers ;in favour of different dassea of gawhayats. i

BE it enacted by the Legislative Assm$ly of Pondicherry in the Twenty-fourth year of the Republic of Ibdia as follows :- L. 1 i CHAPTER I

*l. Short title, extent and cornmen-n).-41) This Act may I>e called the Pondicheny Viliage and Gommunq Pgshayats Act, 1973.

(2) It exteDds to .the whole d the Union territory except ehe municipalities goveraed rty Mu11;ieipkities Act, 1973. *a (3) It shall 61)m into fo~ce.on such ;date; as the Govern- am4 sax, by itppint: 4 I

- +"The section came into force on the 26th of Fafanuary, 1974 vide extraordinary Gazette No. 11, dated 17th January, I Provided that different dates, -may be a@ted for Sfferent provisions of this AG~or for diffeqmt areas, a& any r&kmw% in any such provision to the commencement of this Act shall be con- &rued as a refemnee to the wing into for~eof && pmvision.. .

.ir- *2. DebnZtims.-In this Act, unless the context otherwise kqu;res,- 'II , . (1) "building" includes-

(a) a house, out-Wum, stable, chop, hut., latrine, godow- shed, wall (other than a boundary wall not exaxlipg two a~da half metres in height) and any other structure whether of masonry, bricks, mud, wood, metal, or any other materid whatsoever ; , . (b) a structure on wheels or simply resting on the gr'omd without foundations ; and

(c) a ship, wsssl, boat, tsnt, van and any other ?tm@k used for human habitation or used for keeping or stcmng any article or goods ; . (2) '"Ms~lvacancy" mea8s a vam~1ey oct?urring otherwiw than by &ux of time and "casual elgtien" means an clecticm he@ to- fill a casual vacancy ;

(3) "chairman" means the chairmari' of ' ftw cornmane

(4) "commissioner" means the commissioaer of the winmune' panchayat ;

(5) "commune panchayat" means any local area whicb i8 deciared to be a cotpmune panchayat unQer this Act ;

(6) "commune panchayat council" means the body constituted fq the administration of a commune panchayat w&r this Act ; -rC

*The .section c;?tne inte force of, the -H$- da of Jw-, '39% ~e'= ""'\ 3' Btraordiiuy ~lprrIPQ I%,dr~ 176 1ulu4, &.- . (7) "company" means any compady as defined in the Companies Act, 1956 (Central Act 1 of 1956), lnd includes-

(a) any foreign company within the ; m&ning of section 591 of that Act : (b) any co-operative society registetied or deemed to be registered under the law relating to co-operative swieties for the time being in force ; and

(c) any body corporate, or any firm or association carrying on business in the Union territory whether: incorporated or not and whether its principal place of business i6 situated in the said Union territory or not ; ,

(8) "Director" means a Director appoihted under section 195 and also includes any officer authorised by the Government to exercise the powers and perform the duties of the Director ;

(9) "election authority" means such *authority, not being the president or vice-president or a member of the village panchayat or the chairman or vice-chairman or a meqber of the commune panchayat council as the Government may, by notification, appoint ;

* (10) "executive authority" means, in the case of a village panchayat having an executive officer, the executive officer and in the case of any other village panchayat, the president thereof; 1 (11) "executive officer" means the executive officer of 5 village panchayat ;

(12) "Government" means the Government of the Union territory of Pondicheny ;

(13) "house" means a building fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way, and includes any shop, workshop or warehouse or any building used for or parking buses or as a bus-stand ;

(14) "hut3'means any building which is constructed princi- pally of wood, mud, leaves, grass or thatch ot metallic sheets and includes any temporary structure of building of whatever material made, may declare to be a hut for the ; :(I$) "latrine" means a @lac6 set apart for def&ting -or_ urinating or both and includes a closet of the dq or wtewarriajpi type &d ufinal ;

(16) "member" means a member of a vifla-ge . panchayat or of a commune panchayat council, as the case may be, and igcludes a co-opted or nominated mernbcr ; . . . - - (17) "notification" means a notification published in the Odficial @azette ;

(18) "ordinary vacancy" means a vacancy occurring by efflnn of time and "ordinary election" maas an election held to .BU ordinary vacancy ;

(19) "owner" includes- .

(a) the person for the time bein8 receiving or ,entitled to receive whether on his own account or on beWf af another pemon as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose the rents or pxofits of the property in connection with which the word is used ; and

(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used ;

(20) "panchayat village" means any local area over which a village panchayat bas jurisdiction ; , - (21) "prescribed" means prescribed by rules made under this Act ;

(22) "president" mea esident of a village pmchayat ;

(23) "private road" means any street, road, uare, court, &ley, passage, art-track, foot-path or riding path "%w icb is not a "public road", but does not inclde a -pathway- made by €he owner of premises on his own land to secure access to, or for the convenient uge of, su~b ,- (24) "public road" means any sheet, riad, square, court, alley, passage, cart-track, foot-path or riding pqh, over wlai& the public have a right of way, whether a thoroughfare tw pet +d includes-

(a) th-e roadway wer any pubk bridp or causeway ;

(b) the footway attached to -any such road, public bridge or causeway; and

(c) the drains attached to any such joad, pubh bridge or causeway, and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of tbe roadway up to the boud~mof the adjacmt property, whether that property is private property or property! belonging tu tb Government ;

(25) "residencew-"reside" a, person is dkemed to have his residence or to reside in any house if he sometimes uses any portion thereofas a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he5 is absent from it or has elsewhere another dwelling in which reside$, if he is at liberty to return to such house at any time and has !not abmdoned his intention for returning ;

(26) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or ribes as are deemed to be Scheduled Castes in relation to the Un1 on territory und& article 341 of the Constitution ;

9 (27) "territorial council" means the territorial council for panchayats established under section 232 ;

(28) "Union territoryy' means the Union 'territory of Pond& cherry ;

(29) '"village panchayat" means the bodyi constituted for the local administration of a panchayat village undq this Act ;

(30) "watw-course" i br natural or artifickb; 1 " i "* (3i) "year7* mans t-lac Formation of pamkyat vilhge anH commune panehayat, *3. Formatiw of panchayat village.--(l) The Directsr shall by notification- (a) classify and declare every local area comprising a revenue village or revenue villages or any portion of a revenue uiklage or contiguous portions of two or more revenue villages with a population estimated at not less than three hundred as a panehayat village for the purposes of this Act; and (b) specify the name of such panchaybt village. (2) (a) The Director may, by notification-

= - (i) include in or exclde from a panchayat village any local area; or (ii) cancel or modify a notification issued under sub- section (1); or (iii) alter the name of any panchayat village specified under sub-section (1). (b) Before issuing a notification under clause (a), the Director shall give the village panchayat or village panchayats which will be affected by the issue of such notification a reasonable opportunity for showing muse against the proposal and shaH consider the objections, if any, of such village panchayat or village panchayats,.

(3) Any rate-payer or inhabitant of such area or any village panchayat concerned may, if he or it objects to any notification under sub-section (1) or sub-section (2), appeal to the Government within such period as may be prescribed. (4) The-Director may pass such orders as he may deem fit- I (a) as to the disposal of the property vested in a village panchayat which has ceased to exist, and the discharge of its liabilities ; --. *'fie. section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Jaauary, 1974. (b) as to the disposal of any pdrt of the property, vested in a village panchayat which has ceased tb exercise jurisdiction over any local area, and the discharge of thp liabilities of the village panchayat relating to such property or ariqing from such local area. (5) An order made under sub-secflion (4) may contain such supplemental, incidental and consequential provisions as the Director may deem necessary, and in particular may direct-

(i) that any tax, fee or other sum due to the village panchayat or where a village panchayat has ceased to exercise jurisdiction over any local area, such tax.' fee or other sum due to the village panchayat as relates to that ]area shall be payable to such authorities as may be specified in the order ; (ii) that a peals, petitions, or other applications with reference to any sucIf tax, fee or sum which are pending on the date on which the village panchayat ceased to exist or, as the case may be, on the date on which the village panchayat ceased to exercise jurisdiction over the local area, shall be disposed of by such authoirities as may be specified in the order. "4. Township.-(1) The Government may by notification declare any panchayat village or panchayat villa4es or any specified part thereof to be a township if it is an industr~al,labour or institutional colony or a health resort. (2) In regard to any area declarea to be a township the Government shall, by notification, constitute a township committee.

(3) A notification issued by the Government may direct that any functions vested in a village panchayat by or under this Act shall be transferred to and performed by the township committee and shdll provide for-

(i) the total number of members of the township committee ; (ii) the persons who shall be aembers of the township committee or the manner in which they shdl be chosen ; (iii) the person who shall be t@ chairman of the township committee or the manner in whichi he shall be elected or appointed ;

*The section came into force on of January, 1974 vide Extraordinary Gazette No. 11, dated 17th (iv) the term of office of memters and the chairman ;

(iv) the restrictions and conditions subject to which the township committee may perform its functions ; and

* (vi) the procedure of the township committee.

(4) The Government may, by notification, direct that any of the provisions of this Act or of the Pondicherry Municipalities Act, 1973 or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the Union territory, but not in the panchayat village or panchayat villages or specified part thereof shall apply to that panchayat village or part to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.

Explanation.--In this section, the term 'industrial, labour or institutional colony' means any area wherein the majority of the inhabitants are engaged in any industry or are workmen, or are connected with any institution in the area in any manner whatsoever.

*5. Formation of commune panchayats.-(1) The Government may, from time to time, publish a notification of its intention to constitute a commune panchayat for a local area comprising such uumber of panchayat villages as it may think fit.

(2) Any inhabitant of a local area in respect of which any such notification has been published may submit his objection in writing to anything contained in the notification to the Government within six weeks from the publication of the notification and the Government shall take all such objections into consideration.

(3) After the expiry of six weeks from the publication of the notification and after considering the objections, if any, which have been submitted, the Government may, by notification- (a) declare the local area to be a commune panchayat ; and (b) specify the name of the commune panchayat.

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. (4) The Government may, by notification-

(i) exclude from a commun$ panchayat any panchayat village or specified area comprised therein, or

(ii) include in a commune panchayat any panchayat village or specified area, or 1 (iii) cancel or modify a nogfication issued under sub- section (3), of

(iv) alter the name of a conmune panchayat.

(5) Before issuing a notification under sub-section (4), the Government shall give the commune panchayat council or commune panchayat councils and the village pandayat or village panchayats which will. be affected by the issue of such notification a reasonable opportunity for showing cause against the proposal and shall consider their objections, if any.

(6) The Government may pass sudh orders as it may dcem fit- (a) for the disposal of the assets of, or institutions belonging to, the commune panchayat council ,which has ceased to exist, and for the discharge of the liabilities, if any, of such commune panchayat council relating to such assets or institutions, or

(b) for the disposal of any part of the assets of or institutions belonging to, a commune panchayat council which has ceased to exercise jurisdiction over an$ panchayat village or any specified area and for the discharge oP liabilities, if any, of the commune panchayat council relating to such assets or institutions.

(7) An order made under. sub-seation (6) may contain such supplemental, incidental and consequential provisions as the Govern- ment may deem necessary, and in particqlar may direct-

(i) that any tax, fee or other1 sum due to the commune panchayat council or where a commupe panchayat council has ceased to exercise jurisdiction over any; panchayat village or any specified area, such tax, fee or other sum due to the commune panchayat council as relates to that panchftyat village or any specified area shall be payable to such authoriti~s as may be specified in the order ; (ii) that appeals, petitions or other applications with reference to any suck tax, fee or sum which are pending on the date on which the commune panchayat council ceased to exist, or as the case may be, on the date on which the commune panchayat council ceased to exercise jurisdiction over the panchayat village (1~specified area shall be disposed of by such authorities as may be specified in the order.

Constitution of village panchayats and commune panehayat councils

*6, Constitution of village panchayats and their incorporation.- (1) A village panchayat shall be constituted for every panchayat village declared under section 3 with effect from such date as may be specified in the notification issued under sub-section (1) of section 3 in that behalf by the Director.

(2) Subject to the provisions of this Act, the administration of the panchayat village shall vest in the village panchayat but the village panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its president or executive authority or to any commune panchayat council or any other authority,

(3) Every village panchayat shall be a .body corporate by the name specified in the notification issued under section 3, shall have perpetual succession and a common seal, with power, subject to any restriction or condition imposed by or under this Act or any other law, to acquire, hold and dispose of property (movable or imm~vable), enter into contracts, and do all things necessary, for the purposes for which it is constituted and may by the said name sue and be sued.

*7. Strength of a village panchayat.-41) The total number of members of a village panchayat (exclusive of. its president) shall be notified by the Director in accordance with such seaie as may be preseribed with reference to population. I

*The section came into force on the 26th day fl January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974

50z (2) The Director may, from trme to time, by notification, alter the total number of members of a village panchayat notified under sub-section (1). , (3) The number notified under sib-section (1) or the number as altered by notification under sub-segtion (2) shall not be less than five or more than fifteen :

Provided that the strength of the village panchayat as notified under sub-section (1) or as altered by notification under sub-section(2) shall be deemed to be increased by one in case a member is co- opted under sub-section (3) of section 11.

(4) Subject to the provisions of sub-section (I), the members of a village panchayat shall be elected; "8. Constitution of commune panchyat councils for commune panchayat and their incorporation.-(1); A commune panchayat council shall be constituted for each comlmune panchayat with effect from such date as may be specified id the notification issued in that behalf by the Government.

(2) Subject to the provisions of this Act, the administration of the commune panchayat shall vest in the commune panchayat council but the commune panchayat council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its chairman or the commissioner or to the village panchayat or any other authority :

Provided that if and so long as there is no village panchayat in any part of a commune panchayat, the commune panchayat council shall exercise all the powers including the power of taxation, discharge the duties, perform the functions and be credited wit11 the receipts and debited with the chargas of the village panchayat and the chairman and the commissioner pf the commune panchayat council shall exercise the powers, discharge the duties and perform the functions of the president and the executive authority respectively.

(3) Every commune panchayat lcouncil shall be a body corporate by the name of the commune:panchayat specified in the notification issued under section 5, shall have perpectual succession and a common seal, with power, subject to any restriction or condition imposed by or under this qct or any other law, to

*The section cams into force on the $th d~yof January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.

i 502 1 acquire, hold and dispose of property (movable or imnzovable), enter into contracts, and do all things necessary, for the purposes for which it is constituted and may by the said name sue and be sued.

*9. Composition and strength of a commune panchayat council.-(1) A commune panchayat council constituted for any commune panchayat shall consist of- I l[(i) the chairman ;] 2[(ii) presidents of all village panchayats in the commune panchayat ;

(iii) one non-official member of each township committee in the commune panchayat chosen in the prescribedRmanner :]

Provided that if among the members of commune panchayat council there are no women or members of Scheduled Castes, or the number whether of women or of members of Scheduled Castes is less than two, the commune panchayat council may co-opt such number af women or members of Scheduled Castes as may be necessary to ensure that the council includes two women and two members of Scheduled Castes.

(2) Notwithstanding anything contained in sub-section (1)-

(i) subject to such conditions as may be prescribed in this behalf, the Government may, by notification, specify any commune panchayat, and upon the issue of such notification, all the members of village panchayats (including the presidents thereof) and township committees in that commune panchayat shall become members of the commune panchayat council ;

(ii) in the case of a commune panchayat where there is only one village panchayat or township committee, all the members and the president of that village panchayat or of that township committee shall be member of the commune panchayat council concerned.

*The section 9 in principal Act came into force on the 26th day of January, I 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 1. Inserted by Act 4 of 1978, Section 2, w.e.f. 30-3-1978. 2. Relettered by Act 4 of 1978, Section 2, w.e.f. 30-3-1978. i

. .f .. (3) A member of the Legislative i Assembly of Pondicheny representing a constituency comprising the whole or any part of a commune panchayat shall be entitkd to thke part in the proceedings of the commune panchayat council but sljall not be entitled to vote therein.

(4) The member of every commune panchayat council shall assume office on such date as the Gover~lment may, by notification, appoint.

Election and term of ofice of members.

$10. Election of members.-The membqrs of the village panchayat shall be elected in such manner as may be prescribed :

Provided that no person shall be dligible to be elected or co-opted under this Act as a member of more than one village panchayat.

*I 1. Reservation of seats for members of Scheduled Castes, and co-option of women.-(1) In every villaqe panchayat the Director may, subject to such rules as may be prescribed, by notification reserve such number of seats not exceeding three as he thinks fit for the members of the Scheduled Caste8 with due regard to their population in the panchayat village.

(2) Nothing contained in sub-section (1) shall be deemed to prevent members of the Scheduled Castes for whom seats have been reserved in any village panchayat, fr~mstanding for election to the non-reserved seats in the village panchhyat.

(3) Every village panchayat shall: be entitled to co-opt to itself one woman whose name appears id the electoral roll for the panchayat village, if there is no elected woman member in that village panchayat.

*12. Delimitation of wards.--(1) Folt the purposes of .etectisn of members of the village panchayat, the Government, after consulting the village panchayat, if any, and after previous publication and hearing objections, may, by notification,-

(a) divide the village or town ihto wards, 1 *The section came into force on the 12th ay of September, 1974 vide Extraordinary Gazette No. 122, dated 12th Septt! mber, 1974. -- --

rds in which the seats, if any, reserved 11 shall be set apart having re& to the concentration of population of Scheduled Castes in particular wards, and (c) declare for whom such seats are reserved. 1 (2) The wards referred to in clause (b) of sub-sectian (1) shall return, in addition to members for such reserved seats, one or more members for non-reserved seats. The number of such members shall be notified by the Government. Each of the other ward shall return such number of members whether one or more as may be notified by the Government. (3) All the electors of a ward, irrespective of their community or sex, shall be entitled to vote at an election to any seat in that ward whether reserved or not.

(4) When issuing under sub-section (I) a notification which materially alters the existing division of a village or town into wards the Government may direct that the alteration shall take effect from the date of the next ordinary election. (5) When the number of members to be returned by a ward is altered or when a new ward is formed, or when an existing ward is abolished, the election authority shall with the approval of the Government determine-

(a) the ward which each member then on the village panchayat shall be deemed to represent; and (b) the ward or wards in which elections shall be heId to fill up the vacancies, if any, in the village panchayat. *13. Term of afljce of makers.--(l) The term of office of the members of every village panchayat who are elected at ordinary elections shall, save as otherwise expressly provided in, or may be prescribed under this Act, be five years beginning at noon on the day on which the vacancies occur : Pravided that the Director may, by notification, for sufficient cause which shail be stated therein, direct that the term of office of the members of any village panchayat as a whole be extended or reduced by such period not exceeding one year.

*The section came into force on the 12th day of September, 1974 ride Extraordinary Gazette No. 122, dated 12th September, 1974. (2) Ordinary vacancies in the office af an elected member of a village panchayat shall be filled at ordinary elections which shall be fixed by the election authority to ta&e place on such day or days within three months before the occurrence of the vacancies, as he thinks fit :

Provided that the Government may, for sufficient cause, direct or permit the holding of any ordinary electioh after the occurrence of the vacancy.

(3) (a) Every casual vacancy in the office of an elected member of a village panchayat shall be reported by the president to such authority, and within such time as Tay be prescribed. I (b) A member of a village panchayat elected in a casual vacancy shall enter upon office forthwith, but ,shall hold office only so long as the member in whose place he ig elected would have been entitled to hold office if the vacancy hadtnot occurred.

(c) Unless the Director otherwise directs, no casual election shall be held to a village panchayat within six months before the date of retirement of its members by efflux of time.

(4) Where the number of members of a village panchayat is increased the members elected for the additional seats or the members elected in their places in casual vacaacies shall hold office until the date on which the members ejected to the original seats at the ordinary elections immediately preceding will vacate office.

(5) The person co-opted under sub-section (3) of section 11 shall hold office only for such period fbr which she would have been entitled to hold office if she had been elected at an ordinary election or at a casual election, as the case may be.

I *14. Village panchayat to elect members ,in certain cases and the term of office of such members.-41) If at an ordinary or casual election, no person is elected to fill any vaaancy, a fresh election shall be held on such day as the Director may fix.

*The section came into force on the 12th day if September, 1974 vide Extraordinary Gazette No. 122, dated 12th September, ;l974. 1 (2) If, at such fresh election also, no person is elected to fill the vacancy or any of the vacancies, as the case may be, the village panchayat may, in the manner prescribed, co-opt a qualsed person to fill such vacancy.

(3) The term of office of a member of a village panchayat elected or co-opted under this section, shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.

*15. Tenure of members of commune panchayat council.-The term of office of members of every commune panchayat council including a co-opted member shall expire on the date of expiry of the term of five years specified in sub-section (1) of section 13 :

Provided that a member of a commune panchayat council shall cease to hold office as such if he ceases to be president or a member, as the case may be, of a village panchayat in the commune panchayat.

*16. Election to more than one seat.--(I) If a person is elected to more than one seat in one or more village panchayats, then unless he resigns all but one of the seats by writing under his band addressed to the election authority within the time specified in sub- section (2), all the seats shall become vacant. I (2) Such resignation shall be made- (a) where the date of declaration of his election to more than one seat is on the same day, fourteen days from that date; and (b) where the dates of declaration of his election to more than one seat are different, fourteen days from the last of such dates.

"17. Qualifications for inclusion in electoral roll for panehayat 'village and publication thereof.-(1) Every person who is qualified to be included in such part of the electoral roll for any Assembly constituency as relates to the panchayat village or any portion thereof shall be entitled to be included in the electoral roll for the panchayat village, and no other person shall be entitled to be included therein :

*The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122, dated 12th September, 1974. Provided that any person who is entitled to be included in a separate part of the electoral roll for such Absembly constituency by virtue of a statkment referred to in section 20 bf the Representation of the People Act, 1950, Central Act 143 of 1953 'shall not be eligible for being included in the electoral roll for the panc4ayat village prepared for the purposes of this Act, unless he makes an Bpplication giving the particulars of his address in the panchayat vlllage to the person authorised under sub-section (2) for such inclusion. ,

Explanation.-Where, in the case of an Asisembly constituency, there is no distinct part of the electoral roll relating to the panchayat village, all persons who are qualified to be idcluded in such roll under the registration area comprising the panchayat village and whose addresses are situated in the panchayat village shall be entitled to be included in the electoral roll for the panchayat village prepared for the purposes of this Act.

(2) Any person authorised in this behalf {by the Government shall, for the purposes of this Act, prepare and publish in such manner and at such times as the Government may direct, the electoral roll for the panchayat village or the !alterations to such roll, as the case may be :

Provided that no alteration to the electoral rall shall be published after the last date for filing of nomination and before the notification of the results of election.

Explanation.-The power conferred by this sub-section on the person so authorised shall include the power to 6mit, in the manner and at the times aforesaid, from the electoral rop for the panchayat village published under this sub-section the nadne of any person who is dead or who is disqualified to be included in such part of the electoral roll for any Assembly constituency as relates to the panchayat village or any portion thereof.

i (3) The electoral roll for the village panchdyat shall be divided into separate parts for each ward. --

(4) Every person whose name appears in the etectoraf roll for the panchayat village sllall so long as it remains in force and subject to any revision thereof which might have taken place and subject also to the other provisions of this Act, be entitled to vote at an election; and no person whose name does not appear in such roll shall vote at an election :

Provided that no person shall vote at an election of members if he-

(a) has been adjudged to be of unsound mind or is a deaf-mute, or

(b) has voluntarily acquired the citizenship of, a foreign State, or

(c) has been sentenced by a criminal court for an electoral offence punishable under section 27 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with' an election, and five years have not elapsed from the date of such sentence or disqualification provided that the disqualification under this clause may at any time be removed by the Government if it thinks fit.

Explanation.-In this section, the expression "'Assembly constituency" shall mean a constituency provided by law for the purpose of elections to the Legislative Assembly of Pondicherry.

*18. Power to rearrange and republish electoral ral1.-W here after the electoral roll for a panchayat viZiage or any alterations thereto have been published under sub-section (2) of section 17 the panchayat village is divided into wards for the first time or the division of the panchayat village into mards is altered or the limits of the panchayat village are varied, the person authorised under that sub-section shall, in order to give effect to the division of the panchayat village into wards or to the alteration of the wards or to the variation of the limits, as the case may be, authorise st rearrangement and republication of the electoral roll for the panchayat village or any part of such roll, in such manner as the Government may direct.

*The section cam into force on the 12th day offbptember, 1974 vide Extraordinary Gazette No. 122, dated 12th Ekptember, 1974. Qzlalifcations, disqualifications, etc., of medbers of a village panchayat.

"19. Qualification of candidates.-No persoh shall be qualified for election as a member of a village panchaypt, unless his name appears on the electoral roll of the panchayat Tillage. **20. Disqualification of officers and other ermployees of Govern- ment and local bodies.-1 [(1) A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offenqe punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955). shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration of the sentence. (2) If any question arises either before or after an election whether any person is or is not disqualified under this section, the question shall be referred to the Government whose decision shall be final. "21. Disqualification of persons convicted of election offences.- Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code (Central Act 45 of 1860) or under any law or rule relating to the infringement of the secrecy of an election shall be disqualified from voting or from being elected in apy election to which this Act applies or from holding the office of member of a village panchayat or of a member of a commune panahayat council for a period of five years from the date of his convicqion. < "22. Disqualifications of candidates.-(1) person who has been sentenced by a criminal court to imprisonnient for any offence involving moral delinquency (such sentence not hqving been reversed), shall be disqualified for election as a member while undergoing the sentence and for five years from the date of tlde expiration thereof.

(2) A person shall be disqualified for eldction as a member if, at the last date for filing of nomination !or at the date of election, he is- I I (a) of unsound mind, or a deaf, mute ; *The section came into force on the 12th day ;of September, 1974 vide Extraordinary Gazette No. 122, dated 12th September, 1974. *The original section 20 in the principal Act came, into force on the 12th day of September, 1974 vide Extraordinary Gazety No 122. dated 12th September, 1974. 1 Substituted by Act 4 of 1978, Section 3, w. e. f. 50-3-1978. (b) an applicant to be adjudicated an insolvent or an undischarged insolvent ;

(c) interested in a subsisting contract made with or any work being done for any village panchayat or any commune panchayat council except as a shareholder (other thy a director) in a company;

(d) employed as paid legal practitioner on behalf of the village panchayat or commune panchayat council or as legal practitioner against the village panchayat or the commune panchayat council ; (e) an Honorary Magistrate under the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), with jurisdiction over any part of the village panchayat ;

(f) already a member of the village panchayat or, whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the village panchayat or whose term of office has not yet commenced; or

(g) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the village panchayat or the commune panchayat council up to and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired.

"23. Disqualifications of members.-Subject to the provisions I of section 25, a member shall cease to hold office as such, if he- I (a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 22 ; I (b) becomes of unsound mind or a deaf-mute ; I I (c) applies to be adjudicated, or is adjudicated, an insolvent; I (d) acquires any interest in any subsisting contract made with or work being done for any village panchayat or any commune panchayat council except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act;

*The section came into force on the 12th day of September, 1974 vide I Extraordinary Gazette No. 122, dated 12th September, 1974. (e) is employed as paid legal practit on behalf of the village panchayat or the commune or accepts employment as legal practitioner against the 'village panchayat or the commune panchayat council ; (f) is appointed as an officer or other employee under this Act ; (g) is appointed as an Honorary Magistrate under the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) with jurisdiction over any part of the village panchatat ;

(h) ceases to reside in the panchayat village ; (i) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the vilage pancbayat or the commune panchayat council within three months after a bill or notice has been served upon him in pursuance of rules made under this Act, or where in the case of any arrear, such rljlles do not require the service of any bill or notice, within three months after a notice requiring payment of the arrear (which notice it shall, be the duty of the president of the village panchayat or the cbmmissioner to serve at the earliest possible date) has been duly served upon him by the president or commissioner; or

(j) absents himself from the meeting of the village panchayat or the commune panchayat council, as the case may be, for a period of three consecutive months reckoned from the date of the last meeting which he attended or of his restoration to office as member under sub-section (1) of section 24, as the case may be, or if within the said period, less than three 2 meetings have been held, absents himself from three consecutive meetings held after the said date :

Provided that no meeting from which a ntember absented himself shall be counted against him under this clause if- (i) due notice of that meeting was not given to him; or (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or I (iii) the meeting was held on a requisition of members; (k) becomes a member of the Le 'dative Assembly of Pondicherry or of Parliament except to the eqent provided in sub- section (3) of section 9. 1 *24. .Re&orrtfm sf memb to -41) What , % persoat ce~to bE a member 46% section ciame (a) bf 23, he shall be rcstortd to of&@ for sueb prth of the P(Ri6a for which he was elected, as may unexpired at the date of such restoration, if and whea the s k m#&M ai appad or revision ; and any person elected to fill the vacaw in ths in&&= shall, on such restoration, vacate office.

(2) (a) Where a person ceases to be a member ;en- clause (j) of section 23, the president ar the cormnissioner $ha& at once intimate the fact in writ& to such pon afid repcart the same to the village panchayat err the commune p&chayat tacaesndl., as the case may be, at its ee8t meeting.

, (b) If such person of his owri motion applies for retq.. ration to the village panchayat or the commune pawhayat council, as the case may be, on or befwe. the date of i$,wxt meeting or within fifteen days of the receipt by him sf such intimation, the viilagc panehayat or the commune panchayat council, as the case may be, may at the meeting next after the receipt of such application restore him to his office of member : Provided that a member shall not be so restored more than twice during his term of office.

*25. Authority to decide qtmstions of ,wdcafp9;. d ~lembers.-(l) Whenever it is alleged that any pcrson who has ha elected as a member of a village panchayat or who becomes a member of a commune psnchayat eouacil, is not qualitied or has become &squalifued under sdon 19, section 2'1, seation 22, saction 23 or section 26, the executive authority or the commissioner, as the case may be, shall, by notice in writing inform such member of thte allegation and 'place the matter at the next meeting of the village panchayat or commune panchayat council. If before the date of the expiry of two months from the date of receipt of such notice such member does not apply to the prescribed judicial authotity under sub-section (2), he shall become not qualified or disqqli.tieul from such date of expiry of the said two months.

(2) The executive authority or the commisioner, as tb case may be, if so directed by the village panchayat or commune panehayat council or by the Director, shall, and any such merxlber or any othd member may, apply to the prescribed judicial authority whose. decision on such allegatim shall br?: final. *The section came into force on fha 12th &y of SepPemW, 1974 ve Extraordinary Gazette No. 122, da4 32th September. 1974. * 5B

2* *A,< - .fa ,\ "a,:& -b~% (3) Where an application has been &ade under sub-section (2), the member shall, pending decision on sui$ application, be entitled to act as if he is qualified or were not disq$alified. (4) Nothing contained in this secijon shall be deemed to

affect the provisions of section 24. I i *26. Oath or amation to be made ' by members.--(I) Every person who is elected or co-opted to be a tnember or who becomes ,a member shall, before taking his seat, m ke and subscribe before the Director or some person appointed in th1 t behalf by him, ail oath pr affirmation in the following form name13 :- having been elect& a member ' 1 I, A.B., having been co-opted a membeI! of this i having become a member I I village panchayat sqear in the name of God do j commune panchayat i solemnly affirm council. that I will bear true faith and allegiance to /the Constitutipn of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully dischallpe the duty upon which I am about to enter. 4 (2) Any person who, having been 4ected or co-opted to be a member or who having be~omea mem?er, fails to make within three months of the date on which his terq of office commences or at one of the first three meetings held after1 the said date, whichever is later, the oath or affirmation laid dodvq in sub-section (1) shall cease to hold his office and his seat shall be! deemed to have vacant. (3) Any person who has been elhted or co-opted to be a member or who has become a membe4 shall not take his seat at a meeting of the village panchayat or \the commune panchayat council, as the case may be, or do any act as such member unless he has made the oath or affirmation as laid/ down in sub-section (1). (4) Notwithstanding anything contai ed in sub-section (3) the president of a village panchayat or the 1hairman of a commune panchayat council or the member of a co mittee constituted under this Act who has not made the oath or ?afirmation as a member shall bc entitled to act as such president, chbirman or member :

*The section came .into force on the eptember, 1974 vide Extraordinary Gazette No. 122, dated 12th Sep Provi$ed thglt. he makqs the. oath of af6qnatioq gn$ >takes his .seat. at the fiat meeting of the village p+achayat,or t& csrnFura,e panchayat council or the committee, as, the case may be, .wgch hC mends within two months after he is hted or *minted aq or becomes entitled to exercise the functions af, t~e,greskien-t,&+timy or, member, as the cslse may be. . . .i. Exp1anatian.-For the purposes of *th$ssection- ,' - (i) 'president' includes a vipbpkiidant &ere- : tld functions of the. president under sub-wctim (I) *or $ub-s&o~b (2) of section 46 and the temporary president appointed under sub- section (3) of that section ; and (ii) 'chairman' inclu&s a viq-chairmah exwisink . the functions of the chairman urtder sub-section (I.) or' st~b-*tfo~ (3 of section 49 or the Directok who is e~*b$ieiochairman under sub! section (2) of that section. *" , *27. Corrupt practices and electoral oSences,-The prqvisions of sections 123, 125, 126, 127, 127-A, 128, 129, 130, 131, 13.2, 134, 135 and 136 of the Representation of the People Act, 1MI (Central Act 43 of 1951) shall have effect as if- (a) reference therein to an ektion- wer6 reference to' an election under this Act ; (b) referen~sthereid to a constituency inciuded reference to the area within the jurisdiction ef a village pairchaydt or a ward thereof ; and

I (c) in sections 134 and 136, for the words "by or under this Act", the words and figures "by or under the Pondicherry Village and Commune Panchayats Act, 1973"' had been substituted. Requisitioning of properdy for election purposes

*28. Requisitioning of premises, vehicles, etc., for purposes.-(1) If it appears to the Government or to an o authorised by it (which Government or the officer is hereinafter .referred, to as the requisitioning authority) .that in connection with

an election under this Act- 1 (a) any premises other than residential buildings actually occupied are needed or are likely tb lk needed for t& purpose of bdng used as a polling station or for the storage of ballot 'boxes after 'a poll has been taken ; or tion came into force on :the 12th day af Gazette No. 122, &ted .lBh '5eptembet3 1 f I 1 (b) any vehicle, vessel or animal is needed or is likely b be &&ad Far the pwpw of transHrt of ballot boxes to or &om any polling station, or force fm makhining order ar @ansport of any officer ar duties in connection with authority may, by order in wrifing, requisition such premises, or such vehicle, vessel or animal,] as the case may be, and may makc swh furlher orders as may ap ar to it to be necessary m srgedisnt in oonncctnn with such nquctioning ; 1 1 Provided that no vehicle, vessel or ani&al which is being lawfully wed by a candidate or his agent for an purpose connected with the elstion of such candidate shall be reqksitioned under tbi~sub- setion until the comp1etion of the poll at vhelection.

(2) Thc requisition shall be effkcteh by an order in writing addressed to the person deemed by the1 requisitioning to be the owner or person in passession of/the property, and su order shall be served in the manner presctibed for the service of a matice OR Zfk& permn to whom it is addresw. 1 (3) Whenever any property is rkuisitioned under sub- saetion (I), the period of such requisition s all not extend beyond the period for which such property is requiret for any of the purposes mentioned in that sub-section. j (4) In this section,-

(a) 'premises' means any land, /building or part of a building and lncludes a hut, shed or othpr structure or any 'part themof ; i fb) 'vehicle' means any vehicle Ssed or capable of being used for the purpose of road transport,j whether propelled by mechanical power or otherwise. I

*29. Payment of rool~~.-(l)+henever in pursuance of section 28 the requidtionin authority *quisitions any premises, them shall be paid by the vilf age panchayat to the persans interested 1 *% mion aama into fom on the 1974 vl& Bxtrsonfinary 4h@tta Ha 122, Med 12th Sep 1 eamp~ation,the amount uf wki& sbafl," btcWne;dI 4g fb requxsitioning autfnority by taking int9 wibi&ration tht ~OJIQ~& namely :-

(i) the rent payable in msm of the predsm or if oo rent k so payable, the rent payable for similar premises in the locali$y ;

(ii) if in consequence of 3he ftqUi8itidh of t$t 'plepson interested is compelled to change bis placa of g""imushas, the ressonable expenses, if any, incidegtal. to such ehaage : Provided that where aay person hfercsted, bwiag a&CVtd by the amount of compensation so determined, makes an applicatioa to the Government within one month from the date of service of the order determiaingi the coaipen@ieis fix Himin@ tbm&ttcr ta an arlritbatw, tBc amount of c~rnwswto bs psd deli b9 sw1P as the arbi&ratOT appointed in this &half by 621m €bmrn#m& aasrgr &tF;nni~er 6

Provided Eurther that where them is aPty dispate p$ to t11e Qfd~ to receive the compensation or a amount of compensation it shall adthority W an errbitrator apphtd for dckrnaination, and shall. bc de decision of such arbitrator.

.-In this substctinn, ttk aiypt%~ba i8tts; re% 6 the person who wjls in actUal pw f thk premises requisitioned under section 28 immediately lqefqt tSsn requisition, or where no person was in such actual possession, the owner of such premises.

(2) Whenever in p authority requisitions any paid by the village panchayat to the owner thereof cornpenation ~c amount of which shall ,be ds$egn&jc$ tha_ ~si#aina; authority on the basis of the fans of; rites prdk mn% Wtp for the hire of such vehicle, vdor 'rurirrmal :

P Provided that where the owner of SU;C& vtbicle, > ag%ciwed by the muat BQ an appdiattion to the req g wibf!in one #?

- A ' &*A, 2 * . * + .i24 hi.>%k -, " . ., ' "month from the date of service'of the older determining the corn- pensatisd fok rerefling the matter to an farbitrator, the amount of compensation to be paid shall be such a? the arbitrator appointed in this behalf the Government may determipe : . . ." . .. . t . A * ..' Provided further that where immediate1 before the requisitioning, the vehicle or vessel was by virtue of a 4ire purchase agreement in the pss,sesian

**30. Power to obtain inforni.~w.-The requisitiabing authority Bay, w.ith a vikw to requisitioning any prqperty under section 28 or dekrrninirtg the campensatiolr payable un&w section 29, by order, require any person to furnish to such autqority as may be specified in the order, such information in his pqssession relating to such er)y as may be' so specified. I

3 ' 1 *31. Powers of eat@ into ad bpection of premises, etc.-41) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for thq purpose of determining wbether, an$ if so in what manner, aa order under section 28 shpuld. bi? made ineelation to such premise vehicle, vessel or animal b2 with a view to securing compliance with any order made under tbt sectipn. 1 1 I 1 (2) In this section, the expression$ 'premises' and 'vehicle' hsve ihe same meanings as in section 28. 1 1 . . , *32. kvictftm , from retpisitioned 1) Any person 3maining -in pssessiqn of bay requis ises in contravention of any order - made ' under sec 8 may be summarily evicted from the premises by any office red by the requisi- timing autll~~ityip this beW. " &. r I, - *The Mido came into fora an the eptmber, 1974 vide Extraordinary Gazette No. 122, dated 12th Sep (2) Any officer so empowered may, a&er giving to dny woman not appearing in public reasonable warning and f~cilityto withdraw, remove or open any lock or bolt or break open any doen af buildings or do any other-act necessary for e$ecting such evictian.

*33. Relaw of premises fm K?gaisItion.-41) When an$ premises requisitioned under section 28 are to be releaed from requisition, the possession thereof shall be delivered to the person from whom dpossession was taken at the time when the premises were requisit~oned,or if there were no such person, to the per& deemed by the requisitioning authority to be the owner "of" sudn premises, and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any right in respect of the remise which any other person may be entitled by due prmss d?hw to enforce against the person to whom possession of the p delivered.

(2) Where the person to vhom possession of anx premises requisitioned under section 28 is to \be given under sub-sectran (1) cannot be found or is not readily ascertainable or has no agent ibt any other person, empowered to accept delivery on his behalf, the requisitioning aqthority shall cause a natiw declaring that such premises are released from requisition to be &xed oo some wag- picuous part of such premises and publish the n Gazette.

(31 When a notice referred to in snb-swim (2) is puMshed in the Official Gazette, the premises specifred itl k& notice 6arll cease to be subject to requisition on and from the dab of su& publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority shall not be tiabfe for anx compensation or other claim in mpect of ~4 premises for any period after the said date. 5

*34. Penalty for codtraventiaa d rtpy dw ti*.-If any person eontrawenes any order made or section 30, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. - *The section came into force on the 12th day of W&ber, 1974 vide Extraordinary Gazette No. 122, dated 12th Sebtembr, 1974. 4 *35. Dispate as to validity of elect on.-(1) If the validity of an election of a member or president o1 a village pancbayat l[or bbe &airman of a commune panchayat co ncil] is called in question by any wsrw quali&d to vote at the lection to which such question relates, such person may, at any time within fifteen days after the date of declaration of the resu1 t of the election, apply the prescribed judicial authority in such fo* as may be prescribed for the determination of such question. 1 1 (2) If, on receipt of an application +n&r sub-section [I) and &r making such inquiry as be considers dccessary, the prescribed judicial authority is satisfied- 1 (a) that any member or president] 2[or chairman] who has bn dected was on the date of clectioq subject to any of the disqualiiications specified in section 23, or (b) that any corrupt practice has jbeen committed by any member 2[or president] or chairman who has; been elected or by any other person with the consent of such rnemkkr, or president, or , (c) that the result of, the dwtion, "n so far as it concerns 8; sle~ted mernkror prpident qor chair&a] has been materially affected- (ij by any coimpt practice cornhitteci in the interest of the elected member or president (or chairman) by any person without the consent of such member, 1 (ii) by any non-compliance wit! the provisions of this Act or any rules or ordcrs made thereunderj the prescribed judicial authority shall decl e the election ,of such member or president 21or chairman] to bc inqlid, and such declaration Wl .be find: 4i Provided that no election of a member o president Qor chairmap] &all be declared invalid on the ground such member or pre~ident2[or chairman] committed a corrupt 1 practice unless he has been given an opportunity to show cause ag4nst such declaration. my declare such membef to be disqwliikd from exercising any eltct&ra# right etr from being a member or president of any v1Uage panchyat for such period not exceeding five yars as he may dettrmiw. (4) A person shall be deemed to have committed a corrupt psactice if he, with a view to inducing any voter to give or to refrain. from giving a vote in favour of any candidate, offers or gives any money or valuable consideration or ho ds out any promise of individual profit or any threat of injury to any person. *36. Fresh e1eetion.-If the prescribed judicial authority declares the election of any member or president' (or &airma@ to be invalid, a fresh election tor the vacancy so caused shall be held in accordance with the provisions d this Act. *37. Pabiicatioo of the rm1& of election,-(1) Where a general election is field for the purpe of constituting a new village panchayat there shall be notified by the electim autka- rity in the Official Gazette, as soon as may be after the date originally fixed for the completion of the election wder the provisions of this Act or of the rules made thereuder, the nam of the members dected for the various wards of each viilage panchayat by that date and a on the* i~ueof wtt notification that village panchayat shall k deemed to be duly constituted : Provided that the issue of such notification shall aot be deemed- (a) to preclude the completion of the election in any* ward or wards for ~PlichpoH could not be taken for any reason on the date originally fixed for the purpose; or (b) to affect the duration of the village panchayat, if any, functioning immediately before the issue of the said not~fieation. (2) Whure a byeelection i~ held for tht purpose of filling the vacancy of any seat or seats in a village panchayat, tfio~q shall be notified by the election authority in the Official Gazette as soon as may be after the date originally fixed for the completion of the election under the provision eif this Act ok of the rules made thereunder the name or names of the member etected for the ward or wards by that date. - *The section came into force on ttfc 12th day of September, 1974 vie Extraordinary Gazette No. 122, date 12th $eptem&e, 1974. 1 Inserted by Act ??a4 of 1978, section 5. w. c, f. 36-3-1976. 532

1s.. . "4 4 a *.* a- .wid* i

I "38. Power to make rules regulating e1ectjons.-(1) The Govern- ment may, by notification, make rules generally to provide for or to regulate matters in respect of elections to be hkld under this Act. I Z (2) In particular and without prejudi+ to the generality of the foregoing powers, such rules may provide1 for all or any of the following mattes, namely :- i i (a) maintenance of the electoral rolls land their publications; I (b) notification of the elections ; 1 (c) administrative machinery for the Fonduct of elections ;

I (d) the nominations of candidates, j form of nomination paper, objections to nomination, scrutiny of nobinations ;

(e) the deposits to be made by ckdidates and circumstances under which such deposits may be ref+nded to candidates or forfeited to the village panchayats ; I (f) the assignment of symbols to canFidates ; I I Y (g) the withdrawal of candidature ;

C (h) the appointment of agents of caddidates ; I (i) the form of ballot paper ; i (j) the procedure in contested and unbontested elections ;

(k) the steps to be taken to p-e-/ent impersonation of voters ; j

(1) the mgnner of recording votes ; 1 i (m) the procedure to be followed id respect of challenged votes and tendered votes ; i

*The section came into force on the 12th di y of September, 1974 vide Extraordinary Gazette No. 122, dated 12th Soptembca! 1974. (n) the scrutiny of votes, counting ar recounting of, votes, declaration of resu ts and procedure in case of equality of votes ; (0) the custody and disposal of papers relating to elections ; (p) the circumstances in which poll may be suspended or held afresh ; (q) appointment of election tribunal, procedure for filing electian petitions induding deposit of secwity and costs of election petition : (r) any other matter relating to dections which is to be OF may be prescribed under this Act.

*39. 3urisdfctTon of dvii conrts barred.-No civil court shall have jurisdiction to question the legality of any action taken or of any decisiob givm by the returning officer or by any other person irppoiated under this Act in connetion with an election.

President and vice-presidenf **40. President and vice-president of village panehayat.-There shdl be a president and a vice-president for -every village panchayat. i **dl. Election of president.-41) (a) The president shall be elected by the persons whose names appear in the electoral roll for I the village panchayat from among -themselves in accordance with such procedtlre as may be prescribed.

I (b) If at an ordinary or casual election no ptesidmt is I electtd, a fresh election shall be held :

j. Provided that a person who stmds for elsction as president shall not be eligible to stand for election as a member : I Provided further that a person who stands fop election as a

memb shall not be eligible to stand for election as president r LI

Provided also that no member shall be, eligible to stand for election as president.

*The section came into force on the 12th day of ;kptmb~,1974 11th Extraordinary Gazette No. 122, dated 12th September, 1974. **Th'esectioh came into force on the 26th da of Tanwry, '1974 vide Extraordinary Gazette No. 11, dated 17th immary, 19f4. (2) The election of the president may Ibe held ordinarily at the same time and in the same plaa as the prdinary elections of . the members of the village panchayat. I I 1 (3) The term of office of the presi who is elected, at an ordinary election shall, save as otherwi pressly provided in or may be prescribed under this Actjr be five beginning at noon on the day on which the vacancy occurs : 1 I I Provided that the Dizector may, by on, f~rsufficient cause which shall be stated therein, direct term of office of the president of any village panchayat or of flhe presidents of any class of village panchayats or of the presi ents of the village panchayats in any commune panchayat or of f',the prwidents of all the village panchayats be extended or reduced1 by such period not exceeding one year as may be specified in one pr mare notifications.

(4) Any bsual vacancy in the office of he president Ball be filled by a fresh dection and a son electedi as prddent in any such vacancy shall enter upon or ce forthwith rand hold office only so long as the person in whose place he is eleced would have been entitled to hold office, if the vacancy had not ocjcurred.

(5) Unless the Rirector otherwise direct', no citsual vacancy in the office of the president shall be filled within six months before the date on which the ordinary election of the {president under sub- section (1) is due. I 1 (6) The provisions of swtions 20 to '26 (both inclusive), shall, as far as may be, apply in relation td the office of the president as they apply in relation to the o$k of an elected member of the village panchayat. 1 j (7) The president shall be an ex-omio ember of the village panehayat and shall have all the rights and p$41eges of an elected member of the village panchayat. I

*42. Electiou of vice-president.-(l) The 4 vice-president shall - be elected by the village panchayat from arnbng its members in accordance with such procedure as may be pre$ribed. (2) If at an election held under sub-$ction (I), no via- president is elected, a fresh election shall be! held for electing a vice-president. i *The section came into force on the 26th of January, 1474 vide Extraordinary Gazette No. 11, dated 17th January, *43. Cwatiog of o&e O< pident 'and *ice-pt&idmt.-The @dent tx vice-president $hail case to hold 0Bie.e as such-

(a) in the case of the president on his hemming disqualified for' holding the office or on his removal froin office or on the expiry of his term of office or on his otherwi4e ceasbg to be a president ;

(b) in the case of the vice-president, on the expiry of his term of ofice as a member or on his otherwise ceasing So be a member.

"44. President, viee-p-t or member aot to cease b hhskd .-Without prejudice to the provisions of section $43, the president, viee-president or a membcr af a village pancHay%t, as the case may be, shall not cease to hold office as such csa his election as 1(omitted) vice-chairman of any commuae panchayat council. I *45. Foactiod of the presiQent.--(l) The president shall- I (a) convene the meetings of the village panchayat, I (b) have full access to the records of the village panchayat, (c) discharge all the duties specifically imposed and exwcise all the powers conferred on the president by this Act. * I (2) No official correspondence between the village panchayat and the Government shall be conducted except through the president. I *46. DeoQMi Md d@l~8hof president's fnnctloas and fWmg up of vacancies in the oiiice of prwident.--(l) When the office of president is vacant, the vice-president shall exercise the functions of the president until a new president is declared elected and assumes office.

(2) If the president has been continuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the vice-president.

1 The words Chairman' were omitted by Act 4 of 1978 section 6. w.e.f. 30-3-1978 *The section came into for& an the 26th day of January, 1974 vide Extraordinary C3azettc No. 11, dated 17th January, 1974. ~ a5 (3) When the office of the president cant or the president has been continuously absent from jGrisdictio more than thirty days or is incapacitated and there is either a va in the office of the vice-president or the vice-president has bee nuously absent from jurisdiction for more than thirty days or is tated, the functions of the president shall devolve on a memb e village panchayat appointed by the Director in this behalf, no member of the village, panchayat is available for such appoint ent, on such person as may be appointed by the Director in this be!' alf.

94 (4) The member of the village panchai at or the person so appointed (who shall be styled the temporary president) shall perform the functions of the president subject to such rdstrictions and conditions as may be prescribed, uiltil a new presideht or vice-president is declared elected and assumes office or either dhe president or vice- president returns to jurisdiction or recovers fr m his incapacity, as the case may be.

4 (5) Any vacancy in the office of the' president shall be reported to the election authority by such pelson and within such time as may be prescribed and the election abthority shall arrange for the election of the president. j (6) The president shall have power to ' ontrol and revise th exercise or discharge of any functions devolvinf on the vice-presiden under sub-section (2). 1 i I I *47. Delegation of functions of preside&.-subject to such restrictions and control as may be prescribed, dhe president may, by an order in writing, delegate any of his fundions as such to the vice-president and in the absence of the vice-pbesident to any other member : 1 Provided that the exercise or discharge jof any functions so delegated shall be subject to such further restri~tionsand conditions as may be laid down by the president : I provided further that the president shal not delegate any functions which the village panchayat expres ly prohibits him to delegate. jI 1 *The section came into force on the 26th of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Janaary, 1 Chirman and vice-chairma

1 148. Qairman and vice-chairman of commune *pmchayat cwnci1s.-There shall be a chairman and vice-chairman for eve@ commune panchayat council.]

2 f48A Election of chairman.-(1) (a) The chairman shall be elected by the persons in a commune panchayat whose names appear in the electoral rolls for all the village panchayats and townships comprised in that commune panchayat council from among themselves in accordance with such procedure as may be prescribed. .

(b) If at an ordinary ,or casual election no chairman is elected, a fresh election shall be held :

Provided that a person who stands for election as chairman shall not be eligible to stand for election either as a member or president of a village panchayat :

Provided further that a person who stands for election either as a member or president of a village pancbayat shall not be eligible to . stand for election as chairman :

Provided also that no member or president of a village panchayat shall be eligible to stand for election as chairman :

Provided also that in the case of a commune panchayat council referred to in clause (ii) of sub-section (2) of section 9, where all the members of the commune panchayat council are either members of a single village panchayat or members of a single township committee,-

(i) the piesident of the village panchayat shall be the chairman of the commune panchayat council ; or

(ii) the chairman of the township committee shall be the chairman of the commune panchayat council.

1. Substituted by Act 4 of 1978, section 7 w. e. f. 30-3-1978. (The original section 48 in the principal Act came into force on the 26th day of January. 1974 vide Extraordinary Gazette Wo. 11, dated 17th January, 1974.) P 2. Inserted by Act 4 of 1978, w. e. f. 30-3-1978. (2) The election of the chairman mad be held ordinarily at the same times and in the same places in a uommune panchayat as the ordinary election of the members of all Ithe village panchayats and townships comprised in that commune pabchayat. I (3) The term of offiw of the chairnjan who is elected at an ordinary election shall, save as otherwise1 expressly provided in or may be prescribed under this Act, be five yqars beginning at noon on the day on which the vacancy occurs : iI Provided that the Government may, by ndtification, for sufficient cause which shall be stated therein, direct thad the term of office of the chairman of any commune panchayat coudcil or of the chairman of any class of commune panchayat councils +r of the chairman of all the commune panchayat councils be extended or reduced by such period not exceeding one year as may be speified in one or more notifications. I 4 (4) Any casual vacancy in the office of: the chairman shall be filled by a fresh election and a person eleckfl as chairman in any such vacancy shall enter upon office forthwitq and hold office only so Iong as the person in whose place he is el$ted would have been entitled to hold office, if the vacancy had not cpccurred.

(5) Unless the Government otherwis directs, no casual vacancy in .the office of the chairman shal be filled within six months before the date on which the ord'! ary election of the chairman under sub-section (1) is due. I

(6) The provisions of sections 20 to 28 (both inclusive) shall as far as may be, apply in relation to the offie of the chairman as they apply in relation to the office of an eilected member of a village panchayat. j

(7) The chairman shall be an cio member of the commune panchayat council and shall the rights and privileges as that of the other members commune panchayat council. i i 48B. Election of vice-chairman.--(l) The elected by the commune panchayat council fr in accordance with such procedure as may be C 9 Provided that in the case of a com ~ referred to in clause (ii) of sub-wtion (2) the members of the commune panchayat council are either members of a single village panchayat or members of a single township committee,- (i) the vice-president of the village panchayat shall be the vice-chairman of the commune panchayat council ; or

(ii) a member of the tow~shipcommittee other than the chairman chosen in the prescribed manner shall be the vice-chairman of the commune panchayat council. (2) If at an election held under sub-section (I), no vice- chairman is elected, a fresh election shall be held for electing a vice- chairman. 48C. Cessation of office of chairman and vice-chairman.-The chairman and vice-chairman shall cease to hold office as such-

(a) in the case of the chairman on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or on his otherwise ceasing to be chairman ; (b) in the case of tpe vice-chairman on his becoming disqualified for holding the office of the president of the village panchayat or on his removal from the said office or on the expiry of his term of office as president or on his otherwise ceasing to be a member of the commune panchayat council.

48D. Functions of the chairman.-(1) The chairman shall-

(a) convene the meeting of the commune panchayat council; and (b) discharge all the duties specifically imposed and exercise all the powers conferred on the chairman by this Act and the rules plade thereunder. (2) The chairman shall have full access to all the records of the commune panchayat council and no official correspondence between the council and the Government shall be conducted except through the chairmaa and he shall be bound to transmit the communications addressed through him by the commissioner to the Government or by the Government to the commissioner.

(3) The chairman shall, by virtue of his office, be a rnenlber of every committee of the commune panchayat council.] *49. Devolution and delegation of chailaman's functions and fillihg up of vacancies in the office of chairman.++) When the office of chairman is vacant, the vice-chairman shall! exercise the functions of the chairman until a new chairman assumed office. 4 i (2) When the office of chairman is vacant and there is either a vacancy in the office of vice-chairman, or the vice-chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated l[omitted] and until d new chairman or vice- chairman is elected and assumes office, or ithe vice-chairman returns to jurisdiction or recovers from his incapacity, as the case may be, the Director shall, notwithstanding anything! contained in this Act, or in the rules or notifications issued thereunder, be ex-oficio member and chairman of the commune panchayat cduncil. I (3) An out-going chairman or vicd-chairman is eligible for re-election. I (4) The chairman may, by an orded in writing, delegate any I of his functions to the vice-chairman : Provided that he shall not delegate gny functions which the commune panchayat council expressly forbidb him to delegate. (5) If the chairman has been coptinuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapaciky shall, except in such circumstances as may be prescribed, devolve on the vice-chairman. 1 (6) If the vice-chairman also has lpeen continuously absen) from jurisdiction for more than thirty days; or is incapacitated or if the office of vice-chairman is vacant, the cheirman may, by an order in writing, delegate any of his functi~ns:to any member of the commune panchayat council who shall be skyled "chairman-delegate'' during the period the delegation is in force j I Provided that- I (i) when an order of delegation made under this sub- section is in force, no further order of d legation of any function shall be made in favour of any member ok er than the member in whose favour the order in for% was made ;I

1 *The section came into force on the 26th ;day of January, 1974 vide Exhaordinary Gazette No. If, dated 17th ~anuaiyi1974. 1 Omitted by Act 4 of 1978, section 9 w. e. f.i 30-3-1978. (ii) no delegation under this sub-section shall be made for any period exceeding ninety days in the aggregate in any year without the special sanction of the commune panchayat council ; and (iii) every order made under this sub-section shall be communicated to the commune panchayat council at its next meeting. (7) The exercise or discharge of any functions delegated under this section shall be subject to such restrictions and conditions as may be laid down by the chairman. Members. 30. Rights of individual members.--(l) Any member may call the attention of the executive authority or the commissioner, as the case may be, to any neglect in the execution of village panchayat or commune panchayat work, to any waste of village panchayat or commupe panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable. (2) Every member shall have the right to move resolutions and to interpellate the president or chairman on matters connected with the administration of the village panchayat or commune panchayat council. as the case may be, subject to such rules as may be prescribed. (3) Every &ember shall have access during office hours to the records of the village panchayat or the commune panchayat council, as the case may be, after giving due notice to the executive authority or commissioner : Provided that the executive authority or commissioner may, for reasons given in writing, forbid suck access. I *51. No president, vice-president, chairman, vice-chairman or member to receive remuneration.-No president, vice-president, chairman, vice-chairman or member shall receive or be paid from the funds at the disposal of or under the control of the village panchayat or commune panchayat council, any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacity. *52. Appoi~tment of executive oBcers for certain village panchayats.-41) A whole-time executive officer shall be appointed by the Director for any village' panchayat or for any group of centiguous village panchayats which may be notified by him in this behalf : - -- *The section came into force on the 26th day of January, 1974 vide E5traordinary Gazette No. 11, dated 17th January, 1974. Provided that before notifying a gqup of village panchayats under this sub-section, the Director shall qbtain the approval of the Government. i

(2) The Director shall specify in the! notification issued by him under sub-section (1) in respect of a groupfof village panchayats, the names of the village panchayats which hall pay the salary and allowances of the executive officer and th 4 proportion in which the expenditure incurred on such salary and gllowances shall be borne by every village panchayat in that group. '

(3) In the case of every village panchayat nit so notified, and also in the case of any village panchajrat so notified if there is no executive officer in-charge, the presidenq of the village panchayat shall, subject to such rules as may be presdribed, exercise the powers and perform the functions of the executive lofficer.

i t (4) Save as otherwise prescribed, no /executive officer appointed under sub-section (1) shall undertake any vrtork unconnected with his office without the sanction of the Governm4nt. (5) The village panchayat or gro p of village panchayats notified under sub-section(1) shall pay t"H e executive officer such salary and allowances as may, from time to time, be fixed by the Government.

(6) The village panchayat or grodp of village panchayats aforesaid shall also make- 1 I (a) if the executive officer is in tlje service of the Govern- ment, such contribution towards his leav4 allowances, pension or provident fund or pension-cum-provident fbnd as may be required by the conditions of his service under the government to be made by him or on his behalf; and I (b) if, the executive officer is ndt in the service of the Government, such contribution towards his {leave allowances, pension and provident fund as may be prescribed inlthis behalf. (7) The executive officer shall be sbbordinate to the village panchayat. (8) The Government shall have pow 1r to regulate the classification, methods of recruitment, condition of service, salary and allowances, and discipline and conduct 4! f the executive officers appointed under sub-section (I).

1i 532 *53. Functiolls of executive ofEcer.-The executive officer shall ordinarily attend the meetings of the village panchayat and shall be entitled to take part in the discussions thereat, but he shall aot b6 , entitled to vote or to move any resolution.

Powers and duties of the executive authority. *54. Factions of the executive authority.-The executive authority shall- (a) carry into effect the resolutions of the village panchayat:

Provided that where the executive authority considers that a resolution has not been legally passed or is in excess of the fiwers conferred by this Act or that, if carried out, it is likely to endanger human life or health or the public safety, the executive authority shall-

(i) where he is the president, directly and (ii) where he is not the president, through the president, refer the matter to the Government for orders and its decision shall be final ; (b) control all the officers and other employees of the village panchayat ; (c) discharge all the duties specifically imposed and exercise all the powers c o n f e r r e d , on the e x e c u t i v e authority by or under this Act and subject to all restrictions and conditions imposed by or under this Act, exercise the executive powers for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purposes thereof. The commissioner. *55. Commissioeer.-41) A commissioner shall be appointed by the Government in the case of each commune panchayat council. (2) (i) No recovery shall be made from the commune panchayat council towards the salary and allowances paid to any commissioner or towards his leave allowances, pension and provident fund. ---- *The section came into force on the 26th day of Janualy, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. (ii) Notwithstanding anything iontained in clause (i) the Government may by general or special rder direct the commune panchayat council to pay to the GovernmPe nt such sum out of its * revenue for the service rendered or to be dendered by any commissioner. q I (3) The Government shall have powqr to regulate the method of recruitment, conditions of service, pay; and allowances and discipline and conduct of the commission6r appointed under sub- section (1). I (4) The commissioner shall- I (a) have the right to attend the eetings of the commune panchkyat council or of any committee and take part in the discussions thereat, but without the right tq move any resolution or to vote ; (b) attend any meeting of the co4mune panchayat council or of an committee thereof if required to 40 so by the chairman ; (c) carry into effect the resoldions of the commune panchayat council ; (d) furnish to the commune panchajat council such periodical reports regarding the progress made in carryihg out the resolutions of that body and in the collection of taxes as the council may direct ;

(e) control all the officers and 4ther employees of the commune panchayat council ; j 1 (f) perform all the duties specificai'ky imposed and exercise all the powers conferred on the commissidner by this Act and subject, whenever it is hereinafter expressli so provided, to the smction of the commune panchayat council,; and subject, also to all other restrictions, limitations and conditiohs hereinafter imposed, exercise the executive power for the purpdse of carrying out the provisions of this Act and be directly respo4sible for the due fulfilment of the purposes of this Act. 1 (5) Notwithstanding anything contai ed in sub-section (2) of section 8 and subject to all provisions Act and the rules made thereunder, the commune panchayat ckuncil shall have power to issue such specific directions as it may !think fit regarding the performance by the commissioner of any of tfie functions assigned to him under this Act : I I 1 Provided that where such directions relate to any scheme . specially entpted by the Government to the commune panchayat council, the directions issued by the council shall be in conformity with the terms and conditions of such entrustment. (6) Subject to any directions given or restrictions imposed by the Government or the commune panchayat council, the commissioner may, by an order in writing, delegate any of his functions to any officer or other employee of the commune panchayat council or to any servant of the Government. The exercise or discharge of any functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the commissioner. *56. Emergency powers of comis-.-The commissioner may in case of emergency direct the execution of any work or the doing of any act which requires the sanction of the village panchayat or the commune panchayat council, and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the village panchayat fund or the commune panchayat fund, as the case may be :

Provided that- (a) he shall not act under this section in contravention of any order of the village panchayat or the commune panchayat council prohibiting the execution of any particular work or the doing of any particular act, and (b) he shall report the action taken under this section and the reasons therefor to the village panchayat or the commune panchayat council at its next meeting. Procedure. *57. Presidency at meetings of village panchayats.-(I) Every meeting of a village panchayqt shall be presided over by the president or in his absence, by the vice-president, and in the absence of both the president and the vice-president, by a member chosen by the members present at the meeting to preside for the occasion. (2) The president shall preserve order and decide all points of order arising at or in connection with meetings. There shaIl be no discussion on any point of order and the decision of the president on any point of order shall be final. *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. (3) A vice-president or member prdsiding for the occasion shall, for that meeting and during the period; that he presides over it have all the powers of the president. 4 *58. Meetings of commune panehayat councils.-(1) Every commune panchayat council shall meet at suth times and places and shall, subject to the provisions of sub-sectioq (2), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be prescribed : I 1 Provided that not more than sixty days shall elapse between I any two meetings of the commune panchayat ]council. I (2) Every meeting of a commune palchayat council shall be presided over by the chairman, or in his absenke, by the vice-chairman and in the absence of both the chairman and the vice-chairman by a member chosen by the members present ad the meeting to preside for the occasion. i

(3) The chairman shall preserve order and decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the chairman on any point of order shall be final. (4) A vice-chairman or member pre$ding for the occasion shall, for that meeting and during the period that he presides over it, I have all the powers of the chairman. i *59. Members when to abstain from t&ng part in discussion and voting.-(I) No member shall vote on4 or .take part in the discussion of, any question coming up for codsideration at a meeting of the village panchayat or commune panqhayat council or any committee, as the case may be, if the quettion is one in which, apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner. (2) The president or chairman, as the case may be, may prohibit any member from voting or taking part in the discussion of any matter in which he believes such membdr to have such interest, or he may require such member to absenl himself during the discussion. i (3) Such member may challenge the dtcision of the president or chairman, who shall thereupon put the qlestion to the meeting. The decision of the meeting shall be final. --- *The &an came into force on tbAanuary, I974 ride Extraordinary Gazette No. 11, dated 17th January, 1914. i (4) If the president or chairman is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect is Gamed, be required to absent himself from the meeting during such discussion. (5) The member concerned shall not be entitled to vote on the question referred to in sub-section (3) and the president or chairman concerned shall not be entitled to vote on the motion referred to in sub-section (4).

Explanation.-In this section- (a) 'chairman' includes the vice-chairman and a member presiding for the occasion in the commune panchayat council ; (b) 'president' includes the vice-president and a member presiding for the occasion in the village panchayat. *60, Minutes of proeee4ngs.-A copy of the minutes of the proceedings at every meeting of a village panchayat or commune panchayat council as well as of all minutes of dissent in respect of such proceedings received from any member present at the me~tiag, within forty-eight hours of the close thereof, shall be submitted by the president or chairman, as the case may be, within three days of the date of the meeting to the Director : Provided that the Director may direct that such minutes shall be submitted either generally or in any specified classes of cases to any officer empowered by him in this behalf, , *61. Power of vitlage paachayat and commune panehayat counc5t to call for records.-A village panchayat or a commune panchayat council may require the executive authority or the commissioner, as the case may be, to produce any document which is in his custody and he shall, subject to such rules as may be prescribed comply with every such requisition. "62. Proceedings of viliage -hagat, cwtlnll~e pasehaya? cauncils and committees.-41) The prodings of every village panchayat and commune panchayat council and of aB committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rules or the provisions of this Act, made by the village panchayat or the commune,panchayat council, as the case may be, with the approval of the Director. I - - *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Jammy, 1974. (2) The Director may remit for' rhonsideration and re- , submission any regulation or part thereof to/ the village panchayat or commune panchayat council, as the case m4y be : Provided, however, that it shall be comktent for the Director - to add to, omit or alter any regulation which contravenes the provisions of this Act or the rules made therednder.

*63. Appointment of joint committees.-(1 A village panchayat may, and if so required by the Director sh4111, join with one, or more than one, other local authority in constitlpting a joint committee for any purpose for which they are jointly restonsible.

(2) The constitution, powers and pr cedure of a joint committee and the method of settling differenc s of opinion arising in connection with the committee between the loc 1 authorities .concerned I shall be in accordance with such rules as may ie prescribed. *64. Committees.-41) (a) (i) There shal be an Appointments Committee for every commune panchayat, w4 ch shall be composed of the chairman of the commune panchayat colpncil, the commissioner and one member elected annually by the i commune panchayat council. ! I (ii) The chairman of the commupe panchayat council shall be the chairman of the committee. , (iii) Subject to the provisions of sktion 68, and to such rules as may be made by the Government id this behalf, appointments to all posts under the commune panc ayat council, the pay of which is debitable to the funds of the !commune -panchayat council, shall be made with the previous approqal of the committee. (b) (i) There shall be a General ~hr~osesCommittee in every commune panchayat. i (ii) The commune panchayat couocil may, and if so required by tL Government, shall appoint sucb other committees as may be necessary for the efficient performaqce of its duties and funotions under this Act. I (iii) Each of the committees const/tuted under this sub- section shall consist of such number of membejs as may be specified b by the council and shall include the chairman epc-oficio. i +- *The section came into fs~ceen the 26th da of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 14 >74. ! (iv) The members of each committee, other than the chairman, shall be eleeted by the members of the commune pancbayat council.

(2) The commune panchayat council shall have the pgwer to co-opt as members of any committee appointed under clause (b) of sub-section (1) such number of persons as are not members of the commune panchayat council as it may think fit :

Provided that the number of members co-opted under this sub- section shall not exceed one-third of the total number of members of the council on the committee.

(3) Subject to such rules as may be made by the Government in this behalf, the commune panchayat council shaIl have pawer, by regulations made from time to time, to determine the powers and duties of every committee constituted under sub-section (1).

*65. Admiaistrtration reports of viPage pawhayat.--(l) Every village panchayat shall submit to the commune panchayat council a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details, and through such authority, as may be prescribed.

(2) The report shall be prepared by the executive authority and the village panchayat shall consider it and forward the same to the commune panchayat council with its resolution thereon.

*66. Administration reports of commune panchayat councils,-41) Every commune panchayat council shall submit to the Director a consolidated report on its administration and on the administration of all village panchayats in the commune panchayat for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details and through such authority, as may be prescribed.

(2) The report shall be prepared by the commissioner and the commune panchayat council shall consider it and forward the same to the Director with its resolution.

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. (3) The Director shall prepare a geqeral report on the administration of commune panchayat councils {and village panchayats and submit the same to the Government, beford such date as may be prescribed. , 1 i (4) The report and the resolution thereon shall be published I in such manner as the Government may direct.: Validation of proceedings. :

*67. Acts of village panchayats, commu{e panchayat councils, etc., not to be invalidated by informality, vacaqcy, etc.-No act of a village panchayat or of a commune pancha at council or of a committee thereof or of any person acting as vice-president, chairman, vice-chairman or member of such I village panchayat or commune panchayat council or of a chairmah or of a committee shall be deemed to be invalid by 1 reason only of a defect in the establishment of such village panchayat or commune panchayat council or committee or on the gro nd that the president, vice-president, chairman, vice-chairman or m& ber of such village panchayat or commune panchayat council or cqairman or member of a committee was not entitled to hold or cqntinue in such office by reason of any disqualification ,or by reasqn of any irregularity or illegality in his election, or by reason of buch act having been done during the period of any vacancy in the office of president, vice-president, chairman, vice-chairman or mebber of such village panchayat, commune panchayat council or committee. I Establishment. *68. Establishment of the village panc yat and commune panchayat council.-41) The village panchayat "fo commune panchayat council, as the case may be, may, with the sadction of the Govern- ment, create such posts of officers and serv ts other than those specified in section 71 as it shall deem nTessary for efficient execution of its duties under this Act.

(2) The Government may make rules tq regulate the qualifications, pay, allowances, discipline and conduct and other conditions of service, the method of recruitment, andl authority which may appoint any such oEcers and servants of ellage panchayat and commune panchayat councils. 1 *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 19 i1 4. (3) The village panchayat or commune panchayat mncil, as the case may be, shall subject to the approval of the Government, decide the manner in which and the terms and conditions subject to which the existing officers and servants shall be absorbed in the posts created under sub-section (1).

(4) Subject to any rule which the Government may make in this behalf under sub-section (2), appointments to all posts under the village panchayat and commune panchayat council, the pay or the maximum pay of which exceeds one hundred rupees per mensem shall be made by the village panchayat or commune panchayat council, as the case may be, and appointments to all other posts under the village panchayat and commune panchayat council shall be made by the president or commissioner, as the case may be.

Explanation.-For the purposes of this section and sub-section (2) of section 71, the term "existing officer" or "existing servants" means an officer or servant of an existing council within the meaning of section 333.

*69. Power to grant leave to establishment.-The commissioner may grant leave to all employees of the commurie panchayat council.

*70. Special provisions regarding officers and other employees of the Government lent to commune panchayat council.- (1) (a) the Government may, on the application of any commune panchayat council, place the services of any of its officers or other employees at the disposal of the commune panchayat council to be employed by it for the purposes of this Act.

(b) The commune panchayat council shall pay any officer or other employee so employed the salary he may be entitled to receive under the rules of the service to which he belongs, and shall also make any contribution towards pension and leave allowances of such servant as may be' required, by the conditions of his service under the Government, to be paid by him or on his behalf.

(2) If 'such officer or other employees while employed by the commune panchayat council or if any other servant of the commune

*The &tion came into force on the 26th day of January, 1947 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 541 panchayat council does any work for the ~dvernment,the Govern- ment shall contribute to the commune pandhayat council fund so much of the salary of such officer or other edployee as the Govern- ment may consider to be an equivalent for sudfi work.

6' 6' (3) No officer or other employee empioyed by the commune panchayat council shall, without the previous Iconsent f the Govern- ment, be dismissied or removed from such employment or placed under suspension during such employment. i

(4) The officers and other employees &ployed by commune panchayat council shall be entitled to leave #nd other privileges in accordance with the regulations applicable to ithe department of the general administration to which they belong. ;

"71. Provincialisation of any dass of fficers or servants of commune panchayat council.-(1) Notwithstandi ng anything contained in this Act, the Government may, by notification, constitute any class of officers or servants of commune pancbayat council or village panchayat into a common service for the Uniom territoi-y. I Explanation.-Where such a common serv$e is constituted under this section, the Government shall have power. to include into it any class of officers or servants of local authoritiesj established under any law for the time being in force. j

(2) Upon the issue of a notification un(ier sub-section (I), the Government shall have power to make rules ty regulate the classification, methods of recruitment, including the maplner of and the terms and conditions under which existing officer 'or servant shall be absorbed into, conditions of service, pay and aliowances and discipline and conduct of the common service thereby1 constituted and such rules may vest jurisdiction in respect of all of any of such matters in relation to such cadre in the Governm t or in such other authority or authorities as may be specified thzin.

(3) If any common cadre is constituted! under sib-section (I), such commune panchayat council or village jpanchayat shall every year contribute out of its revenue such sum account of its share of the expenditure on any officer or servant onging thereto posted *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1I 74. --

- to serve under it incurred or to k incurred in that year for its purposes as the Government may by general or special order, determine.

*72. Appointment of common o%cer.-Two or more village panchayats or two or more commune panchayat councils may, subject to such rules as may be prescribed, and shall, if so required by any authority empowered in this behalf by ntles, appoint the same officer or other employee to exercise or discharge any powers or dyties of a similar nature for both or all of them.

*73. Transfer of officers and other emptoyees.-(1) Any officer or other employee of a village panchayat may be transferred to the service of any commune panchayat council or any other village panchayat by the Director :

Provided that no officer or other eniployee shall be so transferred except after consulting the commissioner or the executive authorities concerned.

(2) In making a transfer under sub-section (1) the Director may issue such genera1 or special directions as may in his opinion be necessary for the purpose of giving due effect to such transfer.

(3) Notwithstanding anything contained in this Act or the Pondicherry Municipalities Act, 1973, any officer or other employee of a commune panchayat cmunicipality constituted under the Pondicherry Municipalities Act, 1973 :

Provided that no officer or other employee (other than the commissioner) shall be so transferred, except after consulting the I commune panchayat councils or municipal councils concerned. (4) When making a transfer under sub-section (3), the Government may give such general or special directions as may in its opinion be necessary for the purpase of giving due effect to such transfer.

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. $74. Power to punish officers and other employees.-Subject to such control as may be prescribed by the G vernment, the president or the commissioner may censure, fine wi hhold increments or promotion from, reduce to a lower rank in 1he seniority list, or to a lower post or time-scale or to a lower; stage in a time-scale, suspend, remove or dismiss any officer or /other employee in the . service of the village panchayat or panchayat council, as the case may be, for any breach of tal rules or discipline, or for carelessness, unfitness, neglect other misconduct. "75. Applicabiiity of certain sections to {public health establishment.-The provisions of sections 68 to 7$ (both inclusive) shall also apply to the public health establishment of village panchayats and commune panchayat councils. i i CHAPTER 111.

FUNCTIONS,POWERS AND PROPERTLOF VILLAGE PANCHAYATSAND COMMUNEPANCHA~YAT COUNCILS.

*76. Duty of village panchayat to provid/ for certain matters.- Subject to the provisions of this Act and the /rules made thereunder, it shall be the duty of every village panchayqt, within the limits of its funds, to make reasonable provision for cgrrying out the requirements of the panchayat village in respect of the following matters, namely :-

(a) the construction, repair and maidtenance of all village roads, that is to say, all public roads in the pbnchayat village (other than those classified as National Highways, $ate Highways, major roads and commune panchayat roads) and df all bridges, culverts, road-dams and causeways on such roads ; (b) the lighting of public roads and public places in builtup areas ; (c) the construction of drains and tlie disposal of drainage water and sullage ; (d) the cleaning of streets, the remdval of rubbish heaps, jungle growth and prickly-pear, the sanitary ponds, pools, ditches, pits or ments of the sanitary conditions of the

*The section came into force on the 26th ay of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, l3174. --

(e) the provision d @lit tatrh and maqpments to cleanse latrines whether public or private ; (f) the opening and maintenam of burial and burning grounds ; (g) the 'sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water-works for the supply of water for washing and bathing purposes and of protected water for drinking putposes ; and (h) any other measure likely to promote public safety* health and convenience of the inhabitants of the panehayat village as may be prescribed.

*77. Power of viHage panckayat to grwkle for ert& attrer matters.-Subject to the provisions of this Act and the rules m&e thereunder, a viilage panchayat may also make sttch provkicm aa it thinks fit for carrying out the requirements of the panchayat village in respect of the following matters, n&y :- (a) the planting and preservation of trees on the sides of all public roads in the panchayat village subject to mutualb agteed terms and conditions between the village panchayat and the authority which maintains the roads in case the road is not maintained by the Sillage panchayat itself ; (b) the lighting of public roads and public places in areas other than built-up areas ; (c) the opening and maintenance of publio markets other than markets which are classified as commune panchayat markets ; (d) the control of fairs and festivals other than those classified as commune panchayat fairs and festivals ; (e) the opening and maintenance of public landiag places, halting places and cart-stands and of public cattle-sheds ;

(f) the opening and maintenance of public daughter houses ;

(g) the opening and maintenance of reading rooms ; (h) the establishment and maintenance of wireless, receiving sets, playgrowtd9, parks, sports ~lub.9ad centres of physical culture;

Vhe seetion came into farce on the 26th day af Jan-, 1974 vide Extraordinary Gazette No, 11, dated 17th Jsmuory, 1974. I (i) the opening and maintena$ce of literacy centres and centres for imparting social education ; an@ i (j) the construction of works pf public utility and the provision of other facilities for the safety, health, comfort, convenience culture or recreation of the inhabitants of ithe panchayat village.

*78. Duty of commune panchayat co ncil to provide for certain matters.-Subject to the provisions of Act and the rules made thereunder, it shall be the duty of a cqmmune panchayat council, within the limits of its funds to make Yeasonable provision for carrying out the requirements of the cohune panchayat in respect of the following matters, namely :- I i (a) the construction, repair and maintenance of all public roads in the commune panchayat which a e classified by the Govern ment as commune panchayat roads and od all bridges, culverts, road- dams and causeways on such roads ; 1 (b) the establishment and maidtenance of maternity and child-welfare centres, including the maintenance of a 'thayi' service and offering advice and assistance to mothp in family planning ; (c) the construction and mai4enance of poor houses, orphanages, shops, stalls, plinths, the trdining and employment of vaccinators, the removal of congestion of pfpulation and the provision of house-sites ; i (d) preventive and remedial measures connected with any epidemic or with malaria ; i (e) the control of fairs and fdstivals classified by the commune panchayat council as those rese9ed for control by it ; (f) the extension of village-site$ and the regulation of buildings ; I

(g) the opening and maintenance of public markets which are classified as commune panchayat marbts ; 1 (h) the maintenance of vital stat1 stics ; (i) the establishment and mainterlance of choultries ; *The section came into force on the 2 th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Janua , 1974. t:i ! 546 (j) improveknents of agriculture, agricultu~.aI stock and the holding of agricultural shows ;

(k) the promotion and encouragement of cottage industries ; I and (1) any other measure likely to promote pubIic safety, health and convenience of the inhabitants of the panchayat village as may be prescribed.

*79. Entrustment of execution of Community Development Programme to commune panchayat councils.-The Government shall, as soon as may be after the constitution of a commune panchayat council for a commune panchayat development block, entrust to the commune panchayat council, subject to such conditions and restrictions as may be specified by the Government, the execution of the Community Development Programme including in particular, all measures relating to the development of agriculture, animal husbandry and village industries organised on an individual or co-operative basis.

""80. Power of commune panchayat council to provide for certain matters.-Subject to the provisions of this Act and the rules made thereunder, a commune panchayat council may, within the limits of its funds, make such provision as it thinks fit f~rcarrying out the requirements of the commune panchayat jn respect of measures of public utility other than those specified In section 78 calculated to pormote the safety, health, comfort or convenience of the inhabitants of the commune panchayat.

**81. Common water works and burial and bdng &~ou~QII, etc.-Subject to the provisions of this Act and the rules made thereunder, two or more village panchayats-

(i) may construct and maintain water-works for supply of water for washing and bathing purposes and of protected water for drinking purposes from a common source and may also provide a common burial and burning grounds ; and

(ii) may entrust to the commune panehayat council with its consent and on such terms as may be agreed upon the management -of any institution for the execution or maintenance of any work. *The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. **The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 1 *82. Lighting of public roads and places.-Notwithstanding anything contained in clause (b) of the Government may, by general or special order, direct panchayat or commune panchayat council to provide for of public roads and public places within its jurisdiction and it !shall be the duty of the village panchayat or commune panchayat cquncil to provide for such lighting : Provided that where such a direction is given, the Government shall make such provision for the cost of lidhting as it may consider reasonable and the decision of the Govern~ntshall be final.

*83. Maintenance of etc.-Subject to the provisions of this Act, and the rules two or more commune panchayat councils may and maintain child- welfare centres and institutions of kind as may be prescribed. i *84. Transfer of irmnbvable property, &aaagement of instftutions, execution or maintenance of works, etc., tol a village panchrtyat.-(1) The commune panchayat councih may, subject to such control as may be prescribed, by notification, decljre that any immovable property vested in it shall vest in any village panchayat in the same commune panchayat and such property shall, from the date specified in the said notification, vest accordingly. , 1 (2) Subject to such rules as may b' prescribed, the Govern- ment, the Director, the commune panchayal council or the commissioner, or any person or body of person may transfer to the village panchayat, with its consent and subj ct to such conditions as may be agreed upon, the management o1 , any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether pthin or without the panchayat village, and whether provided for iin this Act or not. t *85. Govenunent's power to add to ! functions of commune pawbayat eomd.--Subject to such rules ad may be prescribed, the Government, the Director or any person gr body of persons may transfer to the commune panchayat council with its consent and on such terms as may be agreed upon, the rn 'nagement of any institution w the uccution or maintenance of aywork, or the exercise of any power or the discharge of any duty,! whether within or without the commune panchayat, and whether provided for in this Act or not. I *The. -tian came &to force cm the 26 day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th imuawq lm. &86. Limbtion of pmver, to rca& tkum&m tml tm&.--A viliage panchayat or a commune panchayat caunci may aooGpt donation for, or trusts relating exclusively to, the fnlthetance of any purpose to which its funds may be applied.

*87. Vesting of public roads in village panchayats.-41) Alf public roads in any panchayat village (other than roads which are classified by the Government as National Highwaysor State Highways or as major roads or as commune panchayat roads) shall vest in the village panchayat together with all pavements, stones, and other materials thereof, all works, materials and other thine provided therefor, all sewers, drains, drainage works, tunnels and rwlva& whether made at the cost of the village panchayat or otherwise, in, alongside or under such roads and all works, materials and things appertaining thereto.

(2) The Government may, by notification, exclude from the operatiowof this Act any village panchayat road, sewer, drainage work, tunnel or culvert and may also modify or cancel such notification.

*S. Vdng of public roads fa eernrrmae patebayst 41) AlS public roads in any commune panchayat which ate classiM as commune panchayat rds &all vest in the cormnune panchayat council together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, a11 sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the commune panchayat council or otherwise, in, alongside or under such roads and all works, materials and things appertaining thereto.

(2) The Government may, by notification, exclude from the operation of this Act any commune panchayat road, sewer, drain, drainage work, tunnel or culvert, and may also mdify or cancel such notification.

"89. Duty of village panehayat awl conmume panehnyat cd in rep& of pabiic roads exclded from the operation Qf the A&.-Where any public road has been excluded from the operation of this Act under sub-section (2) of section 87 or sub-section (2) of saction 88

*The section came into force on the 26th day of Jawary, 1974 viuk Extraordinary Gazette No. 11, dated 17th Jan-, 1974. I e l 1 and placed under the control of the public1 Works Department, the village panchayat or the commune panchavat council )as the case may be, may, and if so required by the Fovernment, shall make provision,- I h 1 (a) for the watering and maintenajlce of the drainage of such road ; i i (b) for the provision, maintenance kind repair of the water- supply mains, drains and sewers in, alongsibe or under such road ; i (c) for the provision, maintenance \ and repair of footways attached to such road : I 1 Provided that where in the carrying out lof the above provisions it is necessary for the village panchayat or the commune panchayat council to open and break up the soil or: pavement of any such road, the village panchayat or the comm ne panchayat council, shall obtain the previous consent of such o &er of the Public Works Department as the Government may, by neral or special order, specify : 9

Provided further that in cases of emergenpy, the village panchayat ar the commune panchayat cauncil, may,/ without such consent, open and break up the soil or pavement bf any such street, but shall, as far as practicable, restore such sbil or pavement to the condition in which it was immediately befipre it was opened and broken up; and a report of the action sol taken and the reasons therefor shall be sent forthwith to the ofqcer specified under the foregoing proviso : a, I Provided also that where the execution pf any work is required by the Government, the Government shall ,make provision for the cost thereof. ? i *90. Precautions in case of dangerous [ structures.-41) If any structure adjoining a public road vested in! a commune panchayat council or a village panchayat appears to tbe commissioner or the executive authority, as the case may be to be in ruinous state and dangerous to the passers-by, the commissiondr or executive authority may, by notice, require the owner or occqpier to fence off, take down, secure or repair such structure so as1 to prevent any danger therefrom. I

*The section came into force on the 26th 'day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. I (2) If immediate action is necessary, the commissioner or executive authority shall himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he may think fit to preverrt, danger, and the cost of doings so shall be recoverable from the owner or occupiet in the manner hereinafter provided.

"91. Precautions in case of dangerous trees.--@) If any tree or any branch of a tree standing on land adjoining a public road vested in a commune panchayat council or village panchayat, appears to the commissioner or executive authority to be likely to fall and thereby endanger any person using, or any structure on, such road, the commissioner or executive authority may, by n~tice, require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom. #

(2) If immediate action is necessary, the commissioner or executive authority shall himself, before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree 6r fence off a part of the public road or take such other temporary measures as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree ia the manner hereinafter provided.

"92. Fencing of buildings or land and pruning of hedges and tree&. -Where a public road is vested in a commune panchayat council or viliage panchayat, the commissioner or executive authority may, by public notice, require the owner or occupier of any building or land near such road to-

(a) fence the same to the satisfaction of the commissioner or executive authority; or

(b) trim or prune any hedges bordering on such road' so that they may not exceed such height from the level of the adjoining roadway as the commissioner or executive authority may determine; or

(c) cut and trim any hedges of trees overhanging such road and obstructing it or the view of traffic or causing it d2mage; or -,,

*The section came into force on the 26th day of Ja~uary,1%~ vide

Extraordinary Gazette No. 11, dated 17th January, 1974, I* I l i I I (d) twer an enclosing wall or knee which, by reason of ib height and situation, obstructs the vieN of traffic so as to cause d=uF. I 1 '"93. aoldbitit~ ag&t ~Wra~tfollsiia or ever public r~ds, eta-(I) No petson shall, except as pe by rules made under this Act and except in accordance imposed by any licence made requisite by such rules4 I (a) build any wall or erect any or other obstruction tx 'projection or make any encroachment oever, whether permanent or temporary, in or over any public ,

(b) make any hole or deposit ar$ matter in or upon any I public road ; \ (c) work a quarry in or remoie stone, earth or other material from any piace within twenty m4res of a public road or of other irnmvabfe property wsting in 4r hionging to a village panehayat or a commune panchayat wn"1, provided that nothing in this clause shall be deemed to apply to,4 any work which, in the opinion of the Director, is done in conlbection with a borra fide agricultural operation ; (d) erect any building over any 1 sewer or drain or any part thereof ; I (4 plant any tree on any publici road or other property vesting in or belonging to a village parichayat or a commune panchayat council; or

(f) fell, remove, destroy, or stri~bark, leaves, or fruits from, or otherwise damage, any tree which1 is growing on any such public road or other property on any pordmboke or land, the use of which is regulated by a village panchaqiat under section 97 and , the right to which has not been establiihed by such person as vesting in or belonging to him. i (2) It shall be the duty of the karnam of every revenue viflage to report on encroachments on pr~perties vested in village panchayat or commune panchayat councii, t the executive authority or the commissioner concerned and to thei f' officers of the Revenue Department, and it shall be the duty of! the executive authority i *The section came Bite fonx on the 26th' day of January, 1974 vide Extraodi nary Gazette No. 11, dated lM1 1muary4 1974.

552 or the commissioner con~ernedto institute prdings under this Act and secure the removal of the encroachments wiUlin such time as may be specified by the Government by general or special order,

94. Vesting of communal property or income in village panehayat.- Any property or income including any fishery right which by custom belongs to, or has ?wn administered for the common benefit of the inhabitants of the panchayat village, or of the holders in wmmon of village land generally or of the hogders of lands of a particular description or of the holders of lands under a particular source of irrigation shall, if so declared by the Government, vest in the village panehayat and be administered by it for the benefit of the inhabitants or holders aforesaid.

*95. Vesthg of water-works in village pautchwats.--(l) AH public water-courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand-pipes and other water-works (including those used by the public to such an extent as to give a prescriptive right to their use) whether existing at the commencement of this Act or afterwards made, laid or erected, and whether made, laid or erected at the cost of the village panchayat or otherwise and also any adjacent land (not being private property) appertaining thereto, shall vest in the village panchayat and be subject to its control :

Provided that nothing contained in this sub-section shall apply to any work which is, or is connected with, work of ?irrigation or to any adjacent land appertaining to any such work.

(2) The Government may, by notification, define or limit such oontrol or may assume the administration of any public source of water-supply and pubIic land adjacent and appertaining thereto after consulting the village panchayat concerned and giving due regard to its objections, if any.

*%. Maintenance of iti@im worka, executrclsl of kdaaarnmnt, etc.-41) Subject to such conditions and control as may be prescribed, the Government may transfer to any village panchayat or to any commune panchayat council the protection and maintenance of any irrigation work, the management of turns of irrigation, uc the regulation of distribution of water from any irrigation work to the fields depending on it.

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. I (2) The village panchayat, or the comm$ne panchayat council shall have power, subject to such restrictions sand control as may be prescribed, to execute kudimaramat in resdect of any irrigation source in the panchayat village and to levy slch fee and on such basis for the purposes thereof as may be pre f cribed. (3) Where the maintenance of any irri ation work is transferred under this section, the fishery rights o,4 the Government in such work shall be transferred to and be Tested in the village panchayat or the commune panchayat council, jas the case may be, subject to such terms and conditions including terms and conditions regarding the utilisation of the income, as ma4 be specified by the Government. I '97. Village panchayat to regulate the uie of certain pram- bokes.-41) All porambokes, namely, grazing grounds, threshing floors, burning and burial-grounds, cattle-stays, cart-stands and topes which immediately before the commeq ement of this Act vested in the communes under the provisions ,of the Decree dated 12th March, 1880, and other Decrees and Arrqtes in force at such commencement shall vest in the village panchqyat, and the village panchayat shall have power, subject to such resttictions and conditions as may be prescribed, to regulate the use qf such porambokes, provided the porambokes are at the disposal qf the Government.

(2) The Government, after consulting the village panchayat, may, by notification, exclude from the operatibn of this Act, any poramboke referred to in sub-section (I), and bay also modify or cancel such notification. (3) The village panchayat shall also have power, subject to such restrictions and control as may be pkescribed to regulate the use of any other poramboke which is ati the disposal of the Government, if the village panchayat is auth9d in that behalf by an order of the Government. I (4) The village panchayat may, subject 1 to such restrictions and conditions as may be prescribed, plant tree ' on any porambokes the use of which is regulated by it under s&-section (1) or sub- section (3). 1 , '98. Collected sewage, etc., to belong to village panehayat.- All rubbish, sewage, filth and otber matter c llected by a village panchayat under this Act shall belong to it. *The section came into force on the 26th da of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1971. 1 "99. Immovable property required by village panckayirt may be acquired under the Land Acquisition Act, 1894.-Any immovable property which any village panchayat or commune panchayat council is authorised by this Act or any rules made thereunder to acquire may be acquired under the provisions of the Land Acquisition Act, 1894, and on payment of the (Central Act, 1 of 1894) of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the village panchayat or commune panchayat council, as the case may be.

*10Q. Contributions from persons having control over place of pilgrimage, &.-When a mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs or festivals or for other like purposes is situated within the limits of a panchayat village and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary, shall be made by the village panchayat; but the Government may, after hearing the trustee or other person having control over such place, require him to make such recurring or non-recurring contribution to the funds of the village panchayat as it may determine.

*101. Power to order closure of places of public entertainment.- In the event of the prevalence of any dangerous disease within a commune panchayat, the commissioner may, by notice, require the owner or occupier of any building, booth or tent used for purpose of public entertainment to close the same for such period as he may fix.

Explanation.-In this section and in section 102 "dangerous disease" means an infectious disease within the meaning of section 424 of the Pondicherry Municipalities Act, 1973.

*102. Minor suffering from dangerous diseases not to attenti schools.-No person being the parent or having the care or charge of a minor who is or has been suffering from a dangerous disease or has been exposed to infection therefrom shall, after a notice from the commissioner or any person duly appointed by such commissioner in this behalf that the minor is not to be sent to school or college permit such minor to attend school or college, without

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. having procured from the commissioner or shch person or a registered medical practitioner a certificate that in is opinion such minor may attend without risk of comniunicating disease to others.

* 103. Compdsory vaccination.- The I council shall enforce vaccination throughout and it may enforce re-vaccination in respect extent, and in such manner, as may be ! *104. Obligation to give information of mall-pox or cholera.- Where an inmate of any dwelling place is suffeting from small-pox or cholera the head of the family to which the @mate belongs and in default the occupier or person in-charge of {such place shall give intimation of the fact to the commissioner or ithe president with the least possible delay. I I *105. Precawtions in case of dangerous ta$ss, wells, holes, etc.- (1) If any tank, pond, well, hole, stream, dam&bank or other place appears to him to be, for want of sufficient! repair, protection or enclosure, dangerous to the pubIic health or sakety, the commissioner or executive authority may, with the approkal of the commune panchayat council or village panchayat, as dhe case may be, by notice, require the owner to fill in, remove, repbir, protect or enclose the same so as to prevent any danger therefro*,

, i (2) If immediate action is necessary, e shall, before giving such notice or before the period of notice exples, himself take such temporary measure as he thinks fit to prevent; danger, and the cost of doing so shall be recoverable from the pwner in the manner hereinafter provided. 1

*106. Removal of filth or noxious vegetttion from lands and buildings.-41) The commissioner or executi* authority may by notice require the owner or occupier of any b' ilding or land which appears to him to be in a filthy or unwholeso e state or overgrown with any thick or noxious vegetation, trees or nder-growth injurious to health or dangerous to the public or offenf 've to the neighbour- hood, or otherwise a source of nuisance, to cdar, cleanse or otherwise put the building or land in proper state 4r to clear away and remove such vegetation, trees or undergrowth gr to take such other action as may be deemed by the commissioner lor executive authority necessary to remove such nuisance within sue$ period and in such manner as may be specified in the notice. 3 i *The section came into force on the 26th of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1 (2) If it appears to the wmmisioner or executive authority necessary for sanitary purposes so to do, he may by notice*require the owner-or occupier of any building or land to cleanse or Imewash ' the same in the manner and within a period as may be specified in the notice.

*107. Power of commissioner or executive authority to use or sell materials of dangerous structure taken down, ctc.-41) When the commissioner or executive authority takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof in virtue of his powers under this Chapter, the commissioner or executive authority may sell the materials or things taken down, cut down or removed and apply the proceeds in, or towards payment of the expenses incurred.

(2) If after reasonable inquify it appears to the commissioner or executive authority that there is no owner or occupier to whom notice can be given under any section in this Chapter, he may himself, take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expanses incurred by the sale of such property (not being immovable property) or of any portion thereof. * *108. Limitation of cornpeasation.-No person shall be entitled, save as otherwise expressly pprvided, to compensation for any damages sustained by reason of any action taken by the authorities of a commune panchayat council or a village panchayat in pursuance t of their powers under this Chapter.

*109. Public markets.--41) The commune panchayat council may? after obtaining the previous permission of the Director in writing, provide places for use as public markets and with the sanction of the Director, close any such market M part thereof.

(2) Subject to such rules as may be prescribed, the village panchayat or commune panchayat council may, after obtaining the previous permission of the Director in writing, levy any one or more

*The section came into forre on the 26th day of January, 1974 vide Extraordinivy Gazette No. 11, dated 17th January, 1974"

557

+ - r~ Lb S I_.--Ae 1 I i i of the following fees in any public market at (such rates, not exceeding the maximum rates, if any prescribed {in that behalf as the commune panchayat council or village panchabat may think fit- I (a) fees for the use of, or for the ri&t to expose goods for sale in such market ; I ! (b) fees for the use of shops, stalls, /pens or stands in such market ; I

(c) fees on vehicles including motor" vehicles as defined in the Motor Vehicles Act, 1939 (Central Act 4 of 1939) or pack animals bringing, or on persods taking, into fuch market any goods for sale ; 1 (d) fees on animals brought for sale into or sold in such market ;

(e) licence fees on brokers, commi4ion agents, weighmen and measurers practising their calling in such pket.

1 "110. Licensing of private markets.-(1) ;No person shall open a private market unless he has obtained a lgence from the village panchayat or commune panchayat council, as tihe case may be, to do so and every such licence shall be renewed evefy year. 1

1 (2) (a) The village panchayat or commhne panchayat council, as the case may be, shall grant the licence kpplied for, subject to such conditions as it may think fit as to supeirvision and inspection, sanitation and water-supply, weights and meagures to be used, rents and fees to be charged and such other matters as may be prescribed ;

(b) The village panchayat or comm'ne panchayat council as the case may be, may modify the condityons of the licence to take effect from a specified date. 1

(c) The village panchayat or commbne panchayat council, as the case may be, may, at any time, suspend or cancel any licence granted under clause (a) for breach of the con dlitions thereof ;

*The section came into force on the 26th d y of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1 t74. (d) Any person aggrieved by an order of the village panchayat or commune panchayat council under clause (a), clause (b) or clause (c) may appeal against such order to the Director, who may if he thinks fit, suspend the execution of the order pending the disposal of the appeal.

(3) When a licence granted under sub-section (2) does not permit the levy of any fee, it shall be granted flee of charge, but when such permission is given, a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged by the village panchayat or commune panchayat council, as the case may be, for such licence.

(4) The village panchayat or commune panchayat councils as the case may be, or any officer duly authorised by it may close a private market which is unlicensed or the licence for which has been suspended or cancelled, or which is held or kept open contrary to the provisions of this Act.

i "111. Decision of disputes as to whether places are markets.- If any question arises as to whether any place is a market or not, the village panchayat or commune panchayat council, as the case may be, shall make a reference thereon to the Government and its decision shall be final.

*112. Prohibition of sale in unlicensed private markets, etc.- NO person shall sell or expose for sale any animal or article-

(a) in any. public or licensed private market without the previous permission of the executive authority or commissioner or licensee, as the case may be, or of any person authorised by him, or

(b) in any unlicensed private market.

"113. Prohibition against sale m public roads--The executive authority or commissioner may, with the sanction of the village panchayat or commune panchayat council, as the case may be, -- -- *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.

559 1 i 1 prohibit by public notice or licence or regulati the sale or exposure for sale of any animals or articles in or upo any public road or place or part thereof. 1 i

"1 14. Classification of markets.--(l) The overnment shall have power to classify public and private market$ situated within the jurisdiction of a commune panchayat as commdne panchayat markets and village panchayat markets and provide fqr the control of any such market, and for the apportionment of the!income derived therefrom between the commune panchayat coun il and the village panchayat or for the paymeht of a contributio in respect thereof to the village panchayat or the commune panci yat council, as the case may be.

i (2) It shall be open to the ~overnmendto revise, from time to time, the apportionment of income ordered or the contribution directed to be paid under this section. 1

*115. Acquisition of right of persons to &Id private market.- (1) A commune panchayat council may acquite the rights of any person to hold a private market in .any place1 suituated within the jurisdiction of the commune panchayat and to fees therein. The acquisition shall be made under the Land Act, 1894 (Central Act 1 of 1894) and such rights shall for the purposes of that Act. i

I (2) On payment by the commune pandhayat council of the compensation awarded under the said Act in re ect of such property and any other charges incurred in acquiring 2 the rights of such person to hold a private market and to levy fees therein shall vest in the commune panchayat council. 1 I q "116. Public landing places and cart-stands, 1etc.-subject to such rules as may be prescribed, the viliage panchayatl may- 3

(a) provide public landing places, haliing places and cart- stands of any description including motor vehietes and levy fees for their use ; and i

- 1 *The section came into force on the 26th da4 of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 14. I I 560 j u -a ---.-- (b) where any such phe or stand has been provided, prohibit the use for the same purpose by any person, within such distance thereof of any public place or the sides of any public rd as the village panchayat may, subject to the control of the Director, s@Q. Expfaaation.-In this section, 'cart-stands' includes stands for animals and vehicles. *[I?. Private cnrt-stliii&.--(1) No person shall open a private cart-stand unless he obtains from the village panchayat a Ii@ence to do so and every such licence shall be renewed every year. (2) The village panchayat may grant the licence applied fur, subjeet to such conditions as the village panchayat may think fit as to supervisions and inspection, conservancy and such other mattefs as may be prescribed ; or the village panchayat may refuse to grant such licence.

(3) The village panchayat may modify the conditions of the licenee to hke effect from a specified date.

(4) The village panchayat may, at any time, suspend or cancel any fimnce granted under sub-section (2) ifor breach of the conditions thereof. (5) The village panchayat may levy on every grant or renewal of licence under this section, a fee not exceeding two hundred rupees. *118. Wie slaaghter-holwes.-A village panchayat may provide places for use as public slaughter-houses and charge rents and fees for their use.

*119. Prohibition or regalation of the use of places for 81- 1 ing animals and the licensing of s1aughterers.-The Government shall have power to make rules for-

I (a) prohibiting or regulating the slaughter, cutting up or skinnitkg of animals specified in the rules on all occasions not ~ e~ceptedtherein, at places other than public slaughter-houses ; (b) licensing persons to slaughter animals specifid in Ule I rub for purposes of sale to the pub& ; and

*The section came into force on the 26th day of January, 1974 vide I Extraordinary Gazette No. 11, dated 17th January, 1974. (c) the inspection of slaughter-Gouses and of the meat therein and the payment of remuneration td the officers employed for such inspection. I *12O. Numbering of buildings.-(1) In/ any area to which this Act applies, such authority as may be presdibed in this behalf, may cause a number to be affixed to the si e or outer door of any building or to some place at the entrance o33 the premises. I (2) No person shall, without lawful authority, destroy, pull down or deface any such number. j (3) When a number has been affix d under sub-section (I), the owner of the building shall be bound fo maintain such number and to replace it if removed or defaced, @d if he fails to do so, the authority referred to in sub-section (11 may, by notice, require him to replace it. 1 **121. Purposes for which places ma3 not be used without a licence.-(1) The Government may, by notificbtion, specify the purposes which, in its opinion, are likely to be @ensive or dangerous to human life or health or property. (2) The commune panchayat counciljin the case of panchayat villages may, with the previous approval ofi the prescribed authority, notify that no place within the limits of any" panchayat village in the commune panchayat, or within the limits cbf such panchayat village or panchayat villages as may be specified id the notification shall be used for any of the purposes specified ih the notification issued under sub-section (1) without a licence and except in accordance with the conditions specified in such licence. , (3) No notification issued under Gub-section (1) or sub- section (2) shall take effect until sixty dqs from the date of its publication. 1 (4) The commissioner shall be the j authority competent to grant the licence or refuse to grant it. **122. Permission for the constnietioh of factories and the installation of machinery.-No person shaa, without the previous permission of the commune panchayat bouncil and except in . acxordance with the conditions specified in spch permission- 1 ,

(a) construct or establish any factory, workshop or work- place in which it is proposed to employ steam power, water power, or other mechanical power or electrical power, or

(b) install in any premises any machinery or manufacturing plant drawn by any power as aforesaid, not being machinery or manufacturing plant exempted by the rules. *123. Power of Government to make m1es in respect ef the grant and renewal of licences and perMm.-41) The Government may make rules.- (a) prohibiting or regulating the grant or renewal of licences under section 121 and the period for which such licences shall be valid ; (b) as to the time within which applications for such licences or renewals thereof shall be made ; and (c) prohibiting or regulating the grant of permissions under section 122.

(2) Rules made under clause (c) of sub-section (I) may empuwer the commune panchayat council to set apart specified areas for industrial purposes and provide for the refusal of permissions under section 122 in respect of any factory, workshop, work-place or premises outside such areas, and also, subjeet to the sanction of the prescribed authority, for the removal to such areas, of any factory, workshop or work-place which has been already established at any place, or any machinery, which has already been installed in any premises, situated outside such areas : Provided that no such rule shall authorise the removal of aay factory, workshop or work-place or machinery installed in any premises, in the occupation or under the control of the Central

I Government or any State Government. (3) The Government may, either generally or in any particular case, make such order or give such directions as it may deem fit in respect of any action taken or omitted to be taken under section 121 or section 122. (4) The income derived from fees or licences under section 121 and on permission under section 122 sball, on dpt. by the commune paachayat council, be credited to the funds af the village panchayat concerned.

*The section came into force on the 12th day of Saptember, 1974 vide Extraordinary Gazette No. 122, dated 12th September, 1974. CHAPTER 1V.i I TAXATIONAND RN~NCE. 1 *124. Locai 'cess,-41) The ent shall levy in every commune panchayat a local cess of fifty paise on every rupee of land revenue payable to in respect of any land for every year, out of which twenty ;per cent shall be credited to the panchayat equalisation fund under section 180. 9 Explanation,-In this section and in s&ction 125, "land revenue" means public revenue due on land and i cludes water cess payable to the Government for water supplied or 'f,used for the irrigation of land, royalty, lease amount or other sum dayable to the Government in respect of land held direct from the i Government on lease or licence, but does not include any other ces$ or the surcharge payable under section 125, provided that land revtnue remitted shall not be deemed to be land revenue payable for tae purpose of this section.

(2) The local cess payable under sub-section (1) shall be deemed to be public revenue due n all the lands in respect of which a person is liable to pay local ce s and all the said lands, the buildings upon the said lands and their'I products shall be regarded as the security for the local cess. 4

1 (3) The law for the time being in fotce relating to the recovery of land revenue, shall apply to the payment ;and recovery of the local cess payable under this Act just as they 4pply to the payment and recovery of the revenue due upon the lands in respect of which the local cess under this Act is payable. I !

(4) Out of the proceeds of the al cess collected in the commune panchayat, exclusive of the credited to the equali- satjon fund such percentage as the Govdrnment may fix shall be credited to the village panchayat fund ' d the balance of the prods of the local cess shall be crqted to the funds of the commune panchayat council.

j *125. bad cess srucharge.-Every ' panchayat council may levy on every rson liabb to pay ue to the Govern- ment in respect o1" any land in the panchayat a local

*?'he taxtion canre into force on tbe st day, of August, 1976 vide maordinary 0-c No. MZ itat4 sttt Jdy, 11976. cess surcharge at such rate as may Is conaiW dtabte' as an addition to the local ass levied in the commune pahyat der section 124 :

Provided that the rate of local cess surcharge so levied shall be not exceeding one hundred per cent, *126. Rules regarding collection of local cess.-The Government may make rules .not inconsistent with this Act for regulating the collection of the local cess, the payment thereof to the village panchayat and commune panchayat councils and the deduction of any expenses incurred by the Government in the collection thereof. **127. Taxes leviable By village -41) Subject to any general or special order which the t may &e in this. behalf, every village panchayat shall levy for the purposes of this Act, the following taxes and fees namely :-

(a) a house tax ;

(b) a tax on professions, trades or calliws (hereinafk referred to as profession tax) ; (c) such other tax as the Government may, by notification, direct any village panchayat or class of village panchayats to levy subject to such rules as may be prescribed :

Provided that no such notification shall be issued and no such rule shall be made except with the previous approval of the Legis- lative Assembly of l[Pondicherry and where the Legislative Assembly is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A of the Constitution, exaipt with the previous approval of the Central Government.] , , (2) A duty shall also be Levied on certain transfer of immovable property situated in the area within the jurisdiction of the village panchayat in the form of additional stamp duty in accordance with the provisions of section 149.

*The section came into force on tho 1st day of A~gust, 1976 vlde Extraordinary Gazette No. 342, dated 29th July, 1976. **The provisions of the original section 127 in tho p~iincipalAct came into forca on the 1st day of August, 1976, dde Wraofdrn~ty GWsttc No 342, dated 29th July, 1976. 1 Inserted by r~~dlation8 of 1976, section 3, w.6.f. 12-5-1976, (3) Subject to the previous sanctiolb of the Government and to any general or special order which the ovemment may make in this behalf, every village panchayat may Flevy for the purposes of this Act, the following taxes and fees nameiy :- ; (a) a duty on toddy trees in the,1 form of additional excise duty on toddy trees ; I ' 1 (b) a tax on agricultural land for {aspecific purpose ;

(d) a tax on the village produc{ sold in the village by weight, measurement or number : I I Proiided that the village panchayat shill not levy any such tax in any area for which a market committee! is constituted under law for the time being in force in the Union: territory relating to the regulation of purchase and sale of agricultural produce, livestock and products bf livestock and the establishmenti of market in connection therewith ; I 1 (e) fee for the use of poramboke pr communal lands under the control of village panchayat ; 1 1 (f) fee for market, cart-stand ;

(g) a special water rate for wate/ supplied by the village panchayat through pipes, which may be impased in any form including that of charges for such water supplied, fixed: in such mode or modes as shall be best adopted in the circumstancfs of any class of cases ;

(h) a fee for the supply of wat&r from wells and tanks vesting in it, for purposes other than dompstic use and for cattle ; and 4

(i) a fee for temporary erection on,; or putting up projections over, or temporary occupation of, any publik street or place.

(4) The taxes specified in sub-section (I), (2) and (3) shall be assessed and levied in accordance with the p ovisions of this Act and the rules made thkreunder. 13 *f28. Taxes levied by conmgil~e pehayat d.-41) Subject to any general or special order whicb the Government may makc iu this behalf, every commune panchayat council shall impose- (a) any of the taxes which are leviable by a village panchayat under section 127 : Provided that the rate of tax leviable by the commune panchayat council in respect of any matter within the limits of village panchayat shall not exceed twenty-five per cent of the prescribed maximum rates in respect of the same matter.

(b) the following taxes, namely :- (i) entertainments tax ; (ii) tax on cinematograph exhibition. (2) The provisions of the last preceding section shall as far as may be apply to such taxes leviable by the commune panchayat council.

I *129. Mode of collection of tax ledable.-Where, in the exercise of the powers under section 127, a village panchayat imposes a tax, fee or cess, such tax, fee or cess shall be collected by the commupe panchayat council within whose jurisdiction the village panchayat is situated in accordance with the provisions of section 165 as if it were a tax, fee and cess imposed by the commune panchayat council under the provisions of this Act and shall be paid to the village panchayat at such time and in such manner as may be prescribed.

House tax. *130. Method of assessment and rate of levy of house tax,- (1) The 'house tax specified in clause (a) of sub-section (1) of section 127 shall, subject to such rules as may be prescribed, be levied on all houses in the village on any of the following basis namely :- (a) annual rental value ; or @) capital value ; or (c) such other basis as may be prescribed.

*The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. (2) Thc house tax shaa, subject to hhe prior payment of the lrmnd revenue, if any, due to the Government in respt of the site of the house, be a fitst charge upon the house and upon the movable property, if any, found within or upon the same and belong- Mg to the person liable to such tax. i I (3) The house tax shall be levied kvery half-year and shall save as otherwise expressly provided in thib Act or the rules made thereunder be paid by the owner within fifteen days from the date of commencement of the half-year.

(4) It shall be levied at such rates 1 as may be fixed by the village panchayat not being less than the ' minimum rates and not exceeding the maximum rates specified in schedule II in regard to the basis of levy adopted by the village panchajat. 1 * 131. Appointment of authorised vjuatio. offirer.-(1) The Government may, by notification,- i (a) appoint such officers includin those of Revenue and Public Works Departments to be the autho! ,ised valuation officers for the purposes of this Act ; and i (b) define the panchayat areas within which such officers shall exercise the powers conferred and pelform the duties imposed upon them by or under this Act. I I (2) Each village panchayat or conlmune panchayat council shall, every year, pay to the Government suc sum out of its revenue for the services rendered or to be rendek d in that year by any authorised valuation officer or officers fo! its purposes, as the Government may, by general 'or special ordq, determine. (3) Till such time as an authori d valuation o%cer is appointed for any panchayat village or 1,ommune panchayat, the powers conferred and duties imposed by or/ under this Act on such officer shall, in that area, be exercised! and performed by the commissioner. *132. Preparation of assessment list. hen the house tax is levied by village panchayat or council, the commissioner shall cause an assessment 1ibt of ail houses in the panchayat villages to be prepared in the pre

*The section came into force on the 1st Extraordinary Gazette No. 342, dated 29th July, 1

I - . - *133. Asthorid vP3pdlti011 & ta ehsek mi.-Whcn th list of asgssment has been completed by the commissioner, he shall submit the same to the authorised valuation officer appointad by the Government for the panchayat village and commune panchayat. The authorised valuation officer shall verify the assessment as done by the commissioner, if necessary, by inspection of houses concerned, and return the list duly checked and corrected to the commissioner within a period of two months. *134. Publication of notke of aweasmeat list.-Wben the list of assessment is returned by the authorised valuation oitlcer under section 133, the commissioner shall give public notice thereaf and of the place where the list or copy thereof may be inspected ; and every person claiming to be either the omqr or occupier of house included in the list, and any agent of sdch person, shall be at liberty to inspect the list and to make extracts therefrom without charge. *133. -tic U&X of ti- fid fk lodgktg 0bj~h.-41)The commissioner shall, at the time of the publication of the assessment list under section 134, give public notice of a date not less than thirty days, after such publication, before which objections to the valuation or assessment in such list shali be made ; and in all cases in which any property is for the first time assessed or the assessment is increased, he shall also give notice thereof to the owner or occupier of the house if known, and if the owner or occupier of the house is not known, he shall affix the notice in a conspicuous position on the house. (2) Objections to the valuation and assessment on any house in such list shall, if the owner or occupier of such house desires to make an objection, be made by such owner or occupier or any agent of such owner or occu ier to the commissioner before the time fired in the aforesaid pub!ic notice, by application in writing, , stating the grounds on which the valuation or assessment is disputed and all applieations so made shall be registered in a book to be kept by the commissioner for the purpose. *136. Objection how to be dealt with.-After the period given in the public notice referred to in section 134 expires, the commissioner shall forward to the authorised valuation officer for the panchayat 611- and commune panchayat, the assessment list along with objmthns received. The authorised valuation officer shall investigate and dispose of the objections after allowing the objector an opportunity of being heard in person or by agent and muse the result

*The section eame iato for& on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 39th July, 1976, i 1 thereof to be noted in the book kept under section 135 and cause any amendment necessary in accordance with spch result to be made i~ the assessment list : I i Provided that before any such amendmen I is made, the reasons therefor shall be recorded in the book aforeqid.

*137. Authentic list how far conclusive.-dubject to such alterations as may be made therein under the proGisions of section 138 and to the result of any appeal made under s ction 148 the entries in the assessment list so authenticated and dep sited and the entries, if any, inserted in the said list under the pr !visions of section 138, shall be accepted as conclusive evidence- i

I 1 (i) for the purposes of all village pa+hayat and commune panchayat taxes, of the valuation, or annual rept, on the basis prescribed in section 130 of houses to which sueh entries respectively refer; and I

4 (ii) for the purposes of the tax for whi h such assessment list has been prepared of the amount of tax levia 4 e on such houses in any half-year in which such list is in f~rce. 1

* 138. Amendment of assessment The commissioner in consultation with the authorised er may, at any time, after the assessment list by inserting or alterin& an entry in respect of any house, such entry having been omitted1 from or erroneously made in the assessment list through fraud, ac$ident or mistake or in respect of any house constructed, altered, added to or reconstructed in whole or in part, where such construction,/ alteration, addition or reconstruction has been completed after thf preparation of the assessment list, after giving notice to any !person interested in the alteration of the list of a date not less thap one month from the date of service of such notice, before whiqh any objection to the alteration should be made.. I

(2) An objection made by any person in+rested in any such so alteration, before the time fixed in such notice$ and in the manner provided by section 136 shall be dealt with in; all respects as if it were an application under the said section. i *The sixtion came into force on the of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1 (3) An entry or alteration made under this .section shall, subject to the provisions of section 148, have the same effect as if it had been made in the case of a house constructed, ~altered, added to or reconstructed on the day on which such construction, alteration, addition or reconstruction was completed or on the day on which the new construction, alteration, addition or reconstruction was first occupied, whichever first occurs, or in other cases, on the earliest day in the half-year on which the circumstances justifying the entry or alteration existed; and the tax or the enhanced tax, as the case may be, shall be levied in such half-year in the proportion which the remainder of the half-year after such day bears to the whole half-year.

*139. Assessment to be done after every five years.-The assessment of every house in the panchayat village and commune panchayat shall, as far as practicable, be done not less than once in five years and once done shall remain in force for five years. Subject to rules made in this behalf the commissioner may, for the purpose of assessment, divide the panchayat village into such suitable divisions as he deems fit or may undertake the work for the whole panchayat village simultaneously. The publication of the authenticated assessment list shall be done not later than the 30th day of June of the year to which the list relates.

*140. Recovery of house tax from the owner by the occupier.- If the occupier of house pays the house tax on behalf of the owner thereof, such occupier shall be entitled to recover the same from the ,owner and may deduct the same from the rent due by him to the owner.

*141. Levy of house tax or profession tax on a direction by Government.--(I) The Government may, by order published in the Official Gazette, for special reasons to be specified in such order direct any village panchayat to levy the house tax or profession tax referred to in sub-section (I) of section 127 at such rates and with effect from such date not being earlier than the first day of the year immediately following that in which the order is published as may be specified in the order.

(2) When an order under sub-section (1) has been published the provisions of this Act relating to house tax or profession tax shall apply as if the village panchayat had on the date of publica- I tion of such order, by resolution determined to levy the tax at the *The section came into force on the 1st day of August, 1976 vide I Extraordinary Gazette No. 342, dated 29th July, 1976. I 4 rate and with effect from the date specified /n the order, and as if no other resolution of the village panchay t under section 127 determining the rate at which and the date aom which the house tax shall be levied, had taken effect. i I (3) A village panchayat shall not a1 the rate at which the house tax or profession tax is levied in rsuance of an order under sub-section (I) or abolish such tax e t with the previous sanction of the Government.

*142. Power to make rules regarding house bax.-41) The Govern- ment may make rules generally to provide for, 4r to regulate matters in respect of house tax to be levied under this{Act. 4 (2) Without prejudice to the generality of the foregoing per, the Government may make rules with regard to all or any of the following matters, namely :- i (i) the manner of ascertaining the anhual or capital value of houses or the categories into which they fa14 for the purposes of taxation ; J (ii) the persons who shall be liable /to pay the tax and the giving of notices of transfer of houses ; j 4 I (iii) the grant of vacancy and other !remissions ;

(iv) the circumstances in which, and dhe conditions subject to which, houses constructed, reconstructed or d molished, or situated in areas included in, or excluded from the villale panchayat, during every half-year, shall be liable or cease to be: liable to the whole or any portion of the tax. 1

*143. Profession tax.+) The professiod tax shall, subject to such rules as may be prescribed, be levied every half-year in every panchayat village on-

(i) every company which transacts busi ess in such panchayat village for not less than sixty days in the aggre ate in that hqlf-year; and @I1 I v *The section came into force on the 1st day of August, 1976 vide Extraordinary Grrzette No. 342, dated 29th Juiy, 1976. (ii) every person, who in that halfiyear- (A) exercises a profession, art or cdling or transacts business or holds any appointment, public or private- (a) within such panchayat village for not less than I sixty days in the aggregate; or (b) without such panchayat village, but who resides I in it fur not less than sixty days in the aggregate; or (B) resides in such panchayat village for not less than sixty days in the aggregate and is in receipt of any pension or income from investments. (2) The profession tax shall be levied every half-year at such rates as may be fixed by the villag~panchayat, not being less than such minimum rates and not exceeding such maximum rates as may be prescribed in Schedule 111. (3) A person shall be char eable under the class appropriate to his aggregate income from all t f e sources specified in sub-qtion (1) as being liable to the tax.

(4) If a company or person proves that it or he had paid the sum due on account of the profession tax levied under this Act or profession tax levied under any other Act, for the same half-year to any village panchayat or commune panchayat council or municipal council in the Union territory, such company or person shall not be liable by reason mereIy of change of place of business, exercise of profession, art or calling, appointment or residence to pay to any other village panchayat or commune panchayat council or municipal council more than the difference between such sum and the amount to which it or he is otherwise liable for the profession tax for the half-year under this Act or any other Act. (5) (a) Nothing contained in this section shall be deemed to render a person who resides within the local limits of one local authority and exercises his profession , \art or calling or transacts business or holds any appointment within the limits of any other local authority or authorities liable to profession tax for more than the higher of the amounts of the tax leviable by any of the iocal authorities. (b) In such a case, the GovernmertS shall apportion the tax between the local authorities in such manner as it may deem fit and the decision of the Government shall be hag. Y !

(6) The profession tax leviable from $ firm, association or joint Hindu family may be levied from any ,adult member of the firm, association or family. 1 (7) (a) If a company or person emplo)/s a servant or agent to represent it or him for the purpose of t ansacting business in any local area, such company or person shall ie deemed to transact business in the local area and such servant or; agent shall be liable for the profession tax in respect of the busirkss of such company or person whether or not such servant or agent has power to make binding contracts on behalf of such company os person. 1 (b) Where one company or person is]the agent of another company or person, the former company or

*145. Owner or occupier to furnish list of ersons liable to tax.- The commissioner or the president may, by notice, require the owner or occupier of any building or land and every secretary or manager of a hotel, boarding or lodging house, club, o4 residential chambers to furnish within a specified time a list in riting containing the names of all persons occupying such building,7 land, hotel, boarding or lodging house, club or residential chambens and specifying the profession, art or calling or appointment of every such person and the rent, if any, paid by him and the period of' such occupation. \ *146. Requisition of employees or their rep/esentatives to furnish list.-The commissioner or the president may, biy notice, require any employer or the head or secretary or manager of any public or private office, hotel, boarding house or clubj or of a firm or company- / (a) to furnish within a specified timeJa list in writing of the names and residential addresses of all persobs employed by such employer or by such office, hotel, boarding ouse, club, firm or company as officers, servants, dubashes, ag nts, suppliers, or contractors, with a statement of the salary ?jor income of such employed persons, and i I *The section came into for= on the 1st day of August, 1976, vide Extraordinary Gazetee No. 342, dated 29th July, 1976. 1 I (b) to furnish particulars in regard to any company of which such employer, head, secretary or manager, as the case may be, is the agent.

*147. Deduction of profession tax from salary or wages or other sum.-(1) Every employer shall, on receipt of a reguisition from the commissioner or president, deduct from the salary or wages of any person employed by the employer as an ,officer or a servant or from any sum payable by the employer to any person employed by the employer as dubash, agent, supplier or contractor, such amount of profession tax, as may be specified in such requisition as being due from such employed person.

Explanation.-In this sub-section, "employer" includes the head or secretary or mana er of any public or private office, hotel, boarding house, club, f rm or company.

(2) Every person responsible for making any deduction under sub-section (1) may, at the time of making the deduction, increase or reduce the amount to be deducted under sub-section (1) for the purpose of adjusting any excess or deficiency arising out of any previous deduction or failure to deduct during the half-year.

(3) Any deduction made in accordance with the provisions of sub-section (1) or sub-section (2) and paid to the village panchayat or commune panchayat council shall be treated as a payment of profession tax on behalf of the person from whose salary or wages the deduction was made or on behalf of the person to whom the sum from which the deduction was made is payable, and credit shall be given to him for the amount so deducted on the production of the certificate furnished under sub-section (5) in respect of the profession tax, if any, due from that person for the relevant half-year under this Act.

(4) Any sum deducted in accordance with the provisions of 'sub-section (1) or sub-section (2) shall be paid within the prescribed time to the credit of the village panchayat or commune panchayat council, as the case may be.

(5) Every person making the deduction under sub-section (1) or sub-section (2) shall, at the time of: payment of the salary or wages or sum, furnish to the person to whom such payment is

*The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. 1 made a certikcate to the eRect that profession /ax has been deducted, and specifying the amount so deducted and s*h other particulars as may be prescribed.

(6) Where profession tax due from a y employed person is deducted under sub-section (1) or sub-section,i (2), the person from whose salary or wages the deduction was dade or the person to whom the sum from which the deduction rwas made is payable shall not be called upon to pay the tax hihself to the extent to which tax has been so deducted. 1

I (7) Every person making the deductionj under sub-section (1) or sub-section (2) shall prepare, and, within spch period as may be prescribed after the expiry of the half-year, deliver or cause to be delivered to the commissioner or the president in the prescribed form and verified in the prescribed manner, a returb in writing showing the name and residential address of every perSon from whose salary or wages deduction was made under sub-sectiolb (1) or sub-section (2), and of every person to whom the sum fro which such deduction was made is payable, the amount so deduct$ and the half-year to which the deduction relates. 1

I (8) If any person responsible for qaking any deduction under sub-section (1) or sub-section (2) fails to comply with any of the provisions of this section, he shaH be punibhable with fine which may extend to he hundred rupees : I Provided that nothing contained in this iub-section shall apply to the Central Government or any State Government or any officer of any such Government.

(9) The provisions of this section shalllapply notwithstanding any law to the contrary for the time being in force. 1 t $148. Appeals against assessment.-Any a peal shall lie to such authority and in such manner and within &h, time as may be prescribed against any assessment of tax de in pursuance of dames (a) ad(b) of sub-section (I) of section7 127. 1 *The Section came into fmee on the 1st da of August, '1976 vide Extraordinary Gazette No. 342, dated 29th July, 197 d $149. Wty ea &amfers ef pmp&y.+l) The hty on transfers of poperty sltali be kvied-

(a) in the form of a surcharge on the duty imposed by the ,Indian Stamp Act, 1899 (Central Act 2 of 1899) as extended to the Union territory, on every instrument of the description specified which relates to immovable property situated in the area under the prisdiction of a village panchayat ; and

(b) at such rate as may be fixed by the Government, not exceeding five per centum on the amount.specified in Schedule IV. I (2) On the introduction of the duty aforesaid- I (a) section 27 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) shall be read as if it specifically required the particulars to be set forth separately in respect of property situated in the area under panchayat village and in respect of property situated outside such village ;

(b) section 64 of the said Act shall be read as if it referred to the village panchayat as well as the Government.

(3) The amounts collected in the panchayat villages in the commune panchayat as surcharge on the duty on transfers of property under this section shall be pooled evesy year for the entire commune panchayat and distributed among all the village panchayats in the commune . panchayat in proportion to the land revenue of the panchayat village. 1 (4) The Government may make rules not inconsistent with this Act for regulating the collection of the &ty, the payment thereof to tk village panchayat a~dthe deduction of any expenses incurred by the Government in the collection thereof.

*150. Exemptions.- No exemption from the payment of any mrcharge or tax specified in section 125 or section 127 or section 128 shall be granted by the village panchayat ex the commune panehayat . council except in accordance with such rules as may be prescribed : a Provided that in any particular case, such exemption may be granted wi2h the previous saactiolm of the Ooverntneht.

*The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th knly, 1976. '151. Power to require land revenuq staff to collect taxes and fees due to village panchayat and co mune panchayat council.- Subject to such rules as may be prescri% ed, the executive authority or the commissioner shall have power lo require the staff of the Revenue Department to prepare at intervals a house tax assessment register in such form as and to collect any tax or fee due to the

*152. Write-off of irrecoverable imounts.-subject to sub restrictions and control as may be prescrfied, a village panchayat or commune panchayat council may write-pff any tax, fee or other amount whatsoever due to it, whether udder a contract or otherwise, or any sum payable in connection therevpjth, if in its opinion such tax, fee, amount or sum is irrecoverable :'

Provided that where staff of the ~evebueDepartment is responsible for the collection of any tax, fee on other amount due to a village panchayat or commune panchayat kouncil the power to write- off such tax, fee or amount or any sjum payable in connection therewith, on the ground of its bein4 irrecoverable, shall be exercised by the Government. I I Duty on toddy thees j *153. Levy of duty on toddy trees.-()) The duty on toddy trees may be levied- L. I (a) in the form of surcharge o the duty imposed by the Pondicherry Excise Act, 1970 (12 of 180) on every variety of toddy trees specified in Schedule V and t$pped within the limits of the commune panchayat, and I J (b) at such rates as may be fixed by the Government not exceeding the rates specified in Schedule q. I (2) All thk provisions of the P icherry Excise Act, 1970 (12 of 1970) and the rules made thereu shall apply to the said duty as they apply in relation to the du argeable under that Act. 1 *The section came into force on the /lst day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. 1I (3) T%e Government may make rules not inco~hiastentwith this Act for regulating the collection of tbduty; the payment &efeof to the village panchayat and commune panchayat council concerned in such proportion as may be fixed and the deduction of any expenses incurred by the Government in the collection thereof.

Entertainments tax *154. Tax on payment for admission to entertainments.-The entertainments tax shall be levied on each payment for admission to any entertainment at rates the maxima and minima whereof are specified in Schedule VI :

Provided that in the case of cinematograph exhibition, the tax shall be calculated at the rates specified on each payment for admission after excluding from such payment the amount of the tax.

*155. Additional tax on cinematograph exhibition.--(I) In the case of cinematograph exhibition, in addition to the tax under section 154, a tax on each show of cinematograph exhibition held within the local limits of the commune panchayat shall be levied at rates the maxima and minima whereof are specified in Schedule VII.

(2) The tax levied under sub-section (1) shall be recoverable from the proprietor.

(3) The other provisions of this Act relating to entertainments tax shall, so far as may be, apply in relation to the tax payable under sub-section (1) as they apply in relation to the tax payable under section 154.

*156. Composition and cousolidated of tax.-The Government may, on the application of the proprietor of any entertainment in respect of which the entertaiaments tax is payable under section 154, allow the proprietor on such conditions as may be prescribed by the Government. to compound the tax payable in respect of such entertainment for a fixed sum.

'157. Admission to entertainments.-(1) Save in the case referred to in section 156, no person shalt be admitted on payment to any entertainment where the payment is subject to the entertainments tax except-

*The section came i6to force on the 1st day' of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. *I1 i (a) withea ticket issued in such +nner and subject to such wnditians as may be prescribed, or i (b) in special cases, with the ap&oval of the Government, through a barrier which, or by means of ia mechanical contrivance which, automatically registers the number 04 persons admitted. (2) Save in the case referred to in kction 156 and clause (b) of sub-sectiqn (I), no proprietor of an edtertainment shall conduct the entertainment unless he has given securbty up to an amount and in a manner approved by the Government :or any other officer duly authorised by it in this behalf. 1 (3) Nothing in sub-section (1) or i sub-section (2) shall be deemed to preclude the Government fro requiring security from the proprietor of an entertainment for thejayment of the entertainments tax in any other case. i i *158. Manner of payment of fax.--(lb The entertainments tax shall be levied in respect of each person afimitted on payment, and . shall be calculated and paid on the number! of admission. (2) The entertainments tax shall bei due and be recoverable from the proprietor. (3) Where the payment for admissidn to an entertainment is made wholly or partly by means of a lu#p sum paid as a subs- cription or contribution to any institution, r for a season ticket or for the right of admission to a series of Intertainments or to any entertainment during a certain period of tin)e, the entertainments tax shall be paid on the amount of the lu p sum but where the Government is of opinion that the paymenm( of a lump sum or any payment for a ticket represents payment fdr other privileges, rights or purposes besides the admission to an lentertainment, or covers admission to an entertainment during any lperiod during which the tax has not been in operation, the tax sh4ll be levied on such an amount as appears to the Government t represent the right of admission to entertainments in respect of khich the entertainments tax is payable. i * 159. Return.--(I) Every proprietor c/f an eatertainment' shall submit such returns relating to payments1 for admission, to such authority, in such manner and within such periods, as may be prescribed. 1 *The wthn came into force on the 1 of August, 1976 vide Extraordinafy Gazette No. 342, dated 29th July, I I 1 580 I Ir (2) . If the prescribed auth@i$y is sfttikfied $bat any ntum subdtted under sub-section (1) is correct and campbte, it shdi assess the proprietor on the basis theof.

(3) If no return is submitted by the proprietor of the entertainment under sub-section (1) before the date prescribed or if the return submitted by him appears to the prescribed authority 50 be incorrect or incomplete, the prescribed authority shall, after making such inquiry as it considers necessary, determine the tax due under sectiog 154 or section 155 or under both and assess $he pprietor to the best of its judgment :

Frovided that before taking action under this sub-section, ffte proprietor shall be given a reasonable opportunity of proving the correctness and completeness of any return submitted by hjrn or that no return was due from him.

*160. Entertainment exempted from payment of tax.-The Government may, by general or special order, exempt any entertainment or class of entertainments from liability to the entertainments tax.

"161. Inspection.-(1) (a) Any officer authorised by the Govern- ment in this behalf may enter any place of entertainment while the entertainment is proceeding, and any place ordinarily used as a place of entertainment at any reasbnable time, for the purpose of seeing whether the provisions of this Act or any rules made thereunder are being complied with.

(b) Every officer so authorised shall ba ddto be a pnbiic servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

(2) The proprietor of every entertainment or the owner or person in charge of any place ordinarily used as a place of anter- . tainment shall give every reasonable assistance to the inspecting officer in the performance of his duties under sub-section (I).

(3) If an). person pkvents 9r obstructs the entry of fhc inspecting officer he shall, in addition to- any other punishment to which he is liable under any law for the tinp being in force, be punished with fine which may extend to five hundred rupees.

*The section came into force on Ehe 1st day of Aq&uet, 1976 vide Extraordinary Gazette No. 342, dded 2Wt July, 1976. * )162. Exemption from payment for i admission.-The officer referred to in section 161 or any other gfficer who has to enter any place of entertainment in pursuance osf a duty imposed upon him by or under this Act or any other 1 shall not be required to pay for his admission to the entertainmq.

*163. Powers of entry, search and sei ure.-41) If any officer authorised by the Government in this beha $ has reasonable ground to suspect that a contravention of the provisions of this Act or the rules made thereunder has been committed, he may enter and search at all reasonable times any premises where books, records, accounts, registers, tickets (used and unused) and 4ortions thereof or any other article connected therewith are kept br suspected to be kept by the proprietor of an entertainment, and' may for reasons to be recorded in writing, seize such books, reclrds, accounts, registers, tickets (used and unused) and portions thereof, or any other article connected therewith as he may consider necessary, and shall give the proprietor or the person in charge ofl the premises a receipt for the same. The books, records, accounts, registers, tickets and portions thereof, or any other article so seihed shall be retained by such officer only for so long as may be necessary for the purpose of investigation. I

1 ! (2) If any person prevents or obstructs entry, search or seizure by any such officer, he shall, in additjon to any other punishment to which he is liable under any 14w for the time being in force, be punished with fine which may\ extend to five hundred rupees. i *la. Power to make rules.-41) The, Government may, by notification, make rules for securing the 7payment of the entertainments tax and generally for carrying intq effect the purposes of this Act.

(2) In particular and without prejud& to the generality of the foregoing power, such rules may provide i for- i (a) the use of tickets covering e admission of more than one person and the calculation of tax thereon; and the payment of the tax on the transfer from part of a place of entertainment to another, and on seats or other accommodation ;

*The section came into force on the 1st 1 day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1t 6. .c (b) controlling the use of barriers or mechanical Gon- trivances (including the prevention of the use of the same barrier or mechanical contrivance for payments of a different amount) and the securing proper records of admission by means of barriers or mechanical contrivances ;

(c) the checking of admissions, the keeping of accounts and the furnishing of returns by the proprietors of entertainments ; (d) the presentation and disposal of applications for exemption from payment, of the entertainments tax, or the refund thereof, made under the. provisions of this Act ;

(e) the collection of the entertainments tax under this ~ct and the powers to be exercised by the officers of the Government in that behalf ;

(f) authorising any commune panchayat council to collect the entertainments tax in the area within the jurisdiction of the commune panchayat council or any part of such area, and the powers to be exercised by the officers of the commune panchayat council in connection with such collection ;

(g) the issue of passes by proprietors of entertainments for the admission of officers who have to perform any duty in connection therewith or any other duty imposed upon them by law ;

(h) appeals and revisions in respect ~f proceedings under . this Act, the period within which such appeals and revisions should be preferred and the fees to be paid, in respect of such appeals and revisions; and

(i) the apportionment of the proceeds realised under the tax between the village panchayat and commune panchayat council. (3) In making a rule under sub-section (1) or sub-section (2), the Government may provide that a breach thereof shalt be punishable with fine which may extend to five hundred rupees.

Recovery of taxes, feeb cessts and ~ther dues. *165. Mode of recovery of taxes, fees, cesses and her dues.- All amounts on account of taxes, fees, cesses and penalties imposed. *The section came into force on the 26th day of January: 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. or as may hereafter be impwed by or uhder this Act or rules or byelaws, made thereunder and all amoun& on account of contract, auction, lease or any sum claimable undbr this Act or under the ruks or bye-laws made thereunder shall, sbve as otherwise provided, be recoverable in the manner hereinafter j provided. !

'"166. M8e of cdkctioll.--(l) ~heiany tax, fee, cess and other dues not being house tax becomqs due from any person, the commissioner shall serve upon such person a bill for the sum due. I

(2) Every such bill shall specify tbe period for which, and the property, occupation or thing in respect of which the tax or sum is charged and shall also give noticl: of the liability incurred in default of payment and of the time within which an appeal may be preferred as hereinafter provided againkt such claim. i (3) Far every such bill, a fee of s' ch amount not exceeding five rupees, as may in each case be fi>edi by the commissioner, shall be payable by the said persen. i

(4) Nothing contained in this or in section 167 shall preclude the council from suing in a court for any tax, fee, cess and other sum due to it under I *167. Distrahtt and sale sf msvabIe"roperty.-If the person lkble for the payment of tax, fee, cessl or other due does not, within fifteen days from the commence*ent of the half-year in respect of house tax or from the servicd of the bill, as the case may be, pay the sun? due a-show suffici+t cause for non-payment of the same to the satisfaction of the com~ssionerand if no appeal is preferred against the said tax, fee , bess or due as provided in this Act, the commissioner may, recover by distraint under a warrant in the form set ~utin Schedulp VITI and sale of the movable property of the defaulter, the @mount due on account of the tax, fee, cess or due together with all costs of the recovery which include a warrant and distraint fee t such rate not exceeding the rates specified in Schedule M and tuch further sum as will satisfy the probable charges that will be i curred in connection with the detentioli and sale of the property so *strained :

4. *The doncame into farce on of January, 1974 vide Extraordinary Gazette No. 11, d&& 17th \ *

Provided that movable property describd in the proviso to sub-section (1) of section 60 of the Code of Civii Procedure, IW (Central Act 5 of 1908), shall not be liable to distraint. I *168. Power of entry by force under special order.--It shall 1 I be lawful for any officer to whom a warrant issued under section 167 is endorsed, if the warrant contains a special order authorising him in this behalf, to break open at any time between sunrise an8 sunset any outer or inner door or window of a building in order to . make the distraint, if he has reawnable ground for believing that such building contains property which is liable to seizure, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance :

Provided that such officer shall not eater or break open the door of any apartment, appropriated to women, until he has given three hours notice of his intention and has given such women an opportunity to withdraw.

*169. Inventory and notice of tlistws and siale.-(l) Tfie &wr charged with the execution of a warrant of, distress issued under section 167 shall forthwith make an inventory of moveable property wlrieh he seizue under such warrant and shzlri at the same time give a written notice in the form set out in Schedule X or in some similar form together with a copy of inventory to the person in possession thereof at the time of seizure, that the said property shaM be sold as therein mentioned.

(2) The distress shall not be excessive, that is tQ say, the proprty &strained shall be as nearly as possible equal ia value to the awunt dae by the defaulter together with all expenses incidental to the warrant, distraint, detenF on and sale. (3) Nothing contained in this section shall preclude from demandiag payment of tax, due and of wanant fees &fore making the distraint,

*170. Pmperty of deMtg;r may be (Ifstrained wherever fd- The property of any person liable for the payment of any tax, fee, cess and due may be distrained wherever it may be found within the commune panchayat.

*The section came into force oi the26th day of Jatutary, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 1 "171. Sale of property.-(1) If the warrant iis not in the mean time suspended by the commissioner or disch ged, the property seized or a sufficient portion thereof, shall, aft r the expiry of the period specified in the notice served under sec on 169 be sold by public auction under the orders of the comE issioner who shall apply the proceeds of the sale to the payment! of amount due on account of the tax, fee, cess or other dues an4 the said fees and expenses incidental to the detention and sale 4f the property and shall return to the person in whose possessio4 the property was at the time of seizure any property or sum ;which may remain after the sale and the application of the proceeds thereof as aforesaid. If the proceeds of the sale are insufficiebt for the payment of the amount due on account of the tax, an4 the said fees and the expenses incidental to the detention and sqle of the property, the commissioner may again proceed under sectiqn 167 in respect of the sum remaining unpaid. i i (2) When the property seized is subject toi speedy and natural decay, the commissioner may sell it at any time/ before the expiry of the said period specified in the notice, unless ithe amount due is sooner paid. I ! (3) The commissioner shall consider ani objections to the ' distraint of any property which are made within the period specified in the notice and may postpone the sale pending i vestigation thereof. If the commissioner decides that the property att a! hed was not liable to distraint, he shall return it, or if it has alrebdy been sold, the proceeds of the sale to the person appearing to ibe entitled thereto and may again proceed under section 167 and a1 fees and expenses connected with the first distraint and recoverable from the defaulter if it shall appear to the that he wilfully permitted the distraint of the property when to his knowledge it was not liable to distraint. I i i

*172. When occupier may be held liable fd payment of house tax.-If any tax due on account of any buildink or land remains unpaid in whole or in part at the end of tl$ period of fifteen days from the commencement of the half-year t4 which it relates, the commissioner may, if the said tax unpaid for more than twelve months, require time being of such building or land to pay

*The section came into force on the 26th day January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. specified period not being less than fifteen days and if the occupier fails to comply with such requisition, the commissioner may distrain and sell any movable property found on the building or land and the provisions of the foregoing sections shall, as far as may be, apply to all distraints and sales effected'under this section provided that no occupier shall be liable to prosecution or to a civil suit in respect of any sum recoverable from him under this section, unless he has wilfully prevented distraint or a sufficient distraint.

"173. Certain amount to be recovexed as arrears of bdrevenue.- (1) If any tax, cess, fee or sum due from any person remains unpaid in whole or in part at the end of the period specified in section 167 and if such person has left India or cannot be found, the said tax, cess, fees or other sum or such part thereof as remains unpaid together with all sums payable in connection therewith and - five per cent of the aggregate of such tax, cess, fee or other sum or part and all such sums to cover the cost of collection shall be recoverable as if the same were an arrear of land revenue.

(2) Out of the gross amount collected under sub-section (1), 1/21 part shall be credited to the Government to cover the cost of I collecting the tax. I "174. Imposition of fine.-(1) Every person who is prosecuted for non-payment of any tax, cess, fee or other sum due shalI be liable, on proof to the satisfaction of the Magistrate that he wilfully omitted to pay the amount due by him or that he wilfully prevented distraint or a sufficient distraint, to pay a fine not exceeding twice the amount which may be due by him on account of-

(a) the tax, cess, fee or other sum due and the warrant . fee, if any, and I * I (b) if distraint has taken place, the distraint fee and the expenses incidental to the detention and sale, if any, of the property I distrained. (2) Whenever any person is convicted of an offence under sub-section (1), the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the village panchayat or the commune panchayat council, as the case may be, the amounts, if any, due under sub-section (1); and may in his discretion also recover summarily and pay to *The section came into force on the 26th day of Jqinuary, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. i 1 i

the village panchayat or the commune pan&ayat council, as the case may be, such amount, if any, as he m y fix as the costs of the prosecution. 1 *175. Payment of interest in case of fault of payment of taxes.--(l) Subject to the provisions of this ct, any sum due on account of any tax levied by the village p inchayat or commune panchayat council, if not paid within fifteen ys from the date on which the tax is due shall be deemed to be "an arrears, and thereupon such simple interest nat exceeding ten pbr eentum per annum as the commissioner may fix shall be payable on such sum from the date aforesaid. I 4 (2) The interest payable under sub-sectiojl(1) shall be collected as if it formed part of the tax and all the televant provisions of this Act shall apply accordingly. i i i *176. Appeal.-Appeals against any claim for taxes or other dues included in a bill presented to any person under section 166 or any other provision of this Act may be mqde to such authority as may be prescribed.

*177. Procedure in appeal.--NO appeal undb section 176 shall be entertained unless- ! (a) the appeal is brought within fi een days next after the presentation of the bill complained of or om the commencement of the haif-year in respect of house taxl.1. (b) the amount claimed from the iappellant has been deposited by him in the office of the commuqe panchayat council; 4 and ! (c) in the case of a house tax, an pplication in writing stating the grounds on which the claim of ti e village panchayat or commune panchayat council is disputed has: been made to such panchayat or council within the time fixed in tqe notice given under section 135 or section 138. 1 '178. Revisio. by court.-The decision bf the prescribed authority in any appeal made under section 176 hall, at the instance of either party, be subject to revision by the couIt to which appeals against the decision of such prescribed authorit$ ordinarily lie. *The section came into force on the 26th of August, 1974 vide , Extraordinary Gazette No. 11, dated 17tft January, 1

- -

"173. Bar of other Br&&.-~~ objection shall be taken I to any valuation, assessment or levy nor shall the liability of any person to be assessed or taxed be questioned, in any other manner or by any other authority than is provided in this Act.

**18Q. Eqmlisation fund of [email protected](l) There shall be established by the Government a fund to bc called the Parshayat Equalisation Fund which shall consist of the paxments made hto it not exceeding an amount equal to five per cent of the average sum of land revenue collected or .recovered during the three preceding years in the Union territory, and it shall be utilised for making special grants to backward village panchayats or commune panchayats - so as to minimise thIe social and economic inequalities between them.

(2) The fund esltablished under sub-section (1) shall be non- , lapsable.

(3) Special grants out of the said fund shall be mde to the village panchayats or commune panchayat councils in acdordanee I with such rdes as may be prescribed.

'"1 8 1. Local cess surcharge matching grant.-The ~overnment ' shall pay every year to the commune panchayat council a local I cess surcharge matching grant, which shall be a sum calculated at such percentage as may be prescribed of the proceeds of the local cess surch-mge levied in the commune panchayat.

* 182. Classification of commune panchayats.-(1) For the purpose of sanctioning grants to commune panchayat councils, the Govern- ment may classify commune panchayats in such manner as it may deem fit once in every five years and it shall be open to the Govern- ment to sanction grants at varying rates for the different classes of commune panchayats for various development schemes.

(2) It shall also be open to the Government to revise: the classification of commune panchayats once in every five years.

*183. Local roads grant.-41) The Government shall pay every year to every commune panchayat council a local roads grant at such rate as may be prescribed, to be earmarked and spent on the.- *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. **The sectioncame into farce on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated Bth July, 1976. I maintenance of roads in its area and such1 sum shall be in lieu of the amounts payable beforle the corn of this Act with reference to clause (b) of Pondicherry Motor Vehicles Taxation Act,

(2) Such rate shall be reviewed andl refixed once in every five years with due regard to the needs and resources of the oom- mune panchayata. i 1 '184. House tar matching grant.--On levery rupee of house tax collected by a village panchayat or cdmmune panchayat, an equal amount shall be paid by the Gover eent as grant which shall be called the house tax matching grant.,t

*185. Deduction from grants in certa/in cases.-Where the commune panchayat council undertakes a wgrk of common benefit for more than one panchayat village, it may: apportion the cost of such work among the different panchayat vil ages benefited thereby. In such a case, the commune panchayat coun il shall be entitled to recover the share of such cost from the vili age panchayat out of the amounts payable to the village panchaypt under sections 124 and 149. ' 1 i 9 I Village and commune panehays/ fund. *186. Constitution of commune paneha@ fund and village panchay,at fund.-There shall be constitutedr I I (i) for each commune panchayat ]council, a commune panchayat fund ; I I (ii) for each village panchayat, a vill Ige panchayat fund. *187. Commune panchayat fund.-The rebeipts which shall be credited to the commune panchayat fund shall1 include-

(i) such part of the local cess collekted in the commune panchayat as remains after crediting to the dillage panchayat fund under section 124; (iii) the local cess surcharge matching grant paid by the Government under section 181 ;

(iv) the iocal roads grant paid by the Government under section 183;

(v) fees on licences issued and permissions given by the commune panchayat council ;

(vi) fees levied in public markets classified as commune panchayat markets after deducting the contribution, if any, paid by the commune panchayat council to the village panchayat on the scale fixed by the Government ; (vii) the contribution paid to the commune panchayat council by village panchayat in respect of the markets classified as village panchayat markets ; (viii) fees for the temporary occupation of roads or road

(ix) fees for the use of choultries ; (x) income from endowments and trusts under the management of the commune panchayat council ;

(xi) contributions from Government, other commune panchayat councils, municipalities, other local authorities and persons in aid of any institution or service maintained ~ or financed from commune panchayat funds or managed by the commune panchayat .

(xii) Sale-proceeds of tools and plant, stores and materials and of trees and avenue produce appertaining to commune panchayat roads;

(xiii) income from commurie panohayat ferries and

(xiv) interest on loans and securities;

(xv) interest on arrears of revenue; i 1 i 1 (xvi) income from the sale ptoceedi of, building, lands and other property belonging to the commune 1 panchayat coulzcil; (xvii) unclaimed deposits and other /forfeitures ; , (xviii) fines and penalties levied unier this Act by the commune panchayat council or at its instance or on its behalf; 1 (xix) all sums other than those enuLerated above which arise out of, or are received in aid of, or for expenditure on, any institutions or servi~smaintained or from the commune panchayat fund or managed by the commune I' anchayat council ; (xx) the proceeds of other taxes levibd by the commune , panchayat council ; I (xxi) all other moneys received by gr on behalf of the commune panchayat council from any other squrce whatsoever. *188. Village panehayat fua8.-The recei ts whkh shall be credited to the village panchayat fund shall incP ude- (i) the share of the local cess under 4ction 124; ! (ii) the house tax, the profession taxi and any other tax or any fee, levied under. section 127 ; ! (iii) the proceeds of the duty on ttansfers of property levied under section 149;

(iv) the house tax matching grant un (v) fees levied in public markets ffied as village panchayat markets after deducting the contri tions, if any, paid by the village panchayat to the commune panc ayat council on the scale fixed by the Government. i I

' (vi) the contribution paid to the panchayat by the commune panchayat council in respect classified as commune panchayat markets ; 1 ! (vii) fees for the and other similar public villages ; *The section came i Extraordinary Gazette No. 11

J . _I_Y___- I- (viii) 'Fees levied by the ~3kge panehayat in pmsuance d aay pnwiSion of this Act or any mle or order made t3temndcr; (ix) income from endowments and trusts under the management of the village panchayat ; (x) income derived from fisheries ; (ai) income derived from ferries under the managemmi of the village panchayat ; (xii) unclaimed deposits an$ other futfeitura ; (xiii) a sum equivalent to the seigniorage tees cdllected by the Gavernment every ymr from persons permitted to qw~y for road materials in the panchayat village ; (xiv) all income derived from pamboke the use of which is vested in the village panchayat ; (m) income from leases of Government property obtained by the village panchayat ; (xvi) fines mtd penalties levied under this Act by tlz village panchayat ; (xvii) ail sum other than these enamted above which ark ortQ sf, or are received in aid of or for expenditure m, tiny institutions or services maintained or financed fnrm" the vaage panchayat fund or managed by the village panchayat ; I (xviii) all other moneys received by or on behalf of the vitlage panebyat from any other ssum whatsoever. Exjwnditure.

*189. A of receiVea ad ex re 'broal #ids.-- All moneys received by the commune pardmyat cdl, ctr ehe viilage panchayat shall be applied and disposed of in accordance with the provisions sf this Act and otbr laws: Provided that- (i) the wmrmme panhayat eoumi4 or the village pawhayat shall have power subject to such rules as may be prescribed to *The seetian awe into force cm the 26th Extraordinary Gazette No. 11, &&XI17th Jasaary, 1974. 593 direct that the proceeds of any tax or aqditional tax levied under this Act shall be earmarked for the purpose of financing any specific public improvement ;

(ii) a separate account shall be kkpt of the receipts from every such tax or additional tax and the ;expenditure thereof. *190. Expenditure from commune pwchayat fund and village panchayat fund.-(1) The purposes to which the funds of the commune panchayat council or of the village panchayat may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws or rules andathe funds shall be applicable thereto within the commune panchayat or the panchayat village, as thd case may be, subject to such rules or special orders as the Government may prescribe or issue and shall, subject as aforesaid, be adplicable to such purposes outside the commune panchayat or panchapat village if the expenditure is authorised by this Act or specially s~nctionedby the Director. 1 (2) It shall be the duty of every c mune panchayat council and village panchayat to provide for the p?' yment of- (i) any amounts falling due on any, loans contracted by it ;

(ii) the salaries and allowances and. the pensions, pensionary contributions and provident fund contributions of its officers and other employees and servants ; i (iii) sums due under any decree or order of a court ; and (iv) any other expenses rendered obligatory by or under this Act or any other law. (3) A commune panchayat council or village panchayat may, with the sanction of the Governmefit, contribute to any fund for the defence of India. 1 (4) A commune panchayat coundil or village .panchayat may, with the sanction of the Director alsd- (i) contribute towards the expense; of any public exhibition ceremony, entertainment in the communq panchayat or panchayat village ; 1 *The section came into force on the 24th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Januart , 1974. (ii) contribute to any charitable fund, or to the fund of any institution for the relief of the poor or the treatment of diseases or infirmity or the reception of diseased or infirm persons or the investigation of the causes of diseases ; and

. (iii) defray any extraordinary charges. " * 19 1. Preparation and sanction of budgets.-(1) The executive authority of the village panchayat and the commissioner, shall in each year frame and place before the village panchayat or the commune panchayat council, as the case may be, a budget showing the probable receipts and expenditure during the following year.

(2) The budget of a village panchayat or commune panchayat council shall after preparation by the executive authority or the commissioner, be submitted on or before such date and to such officer as may be prescribed, and if the prescribed officer is satisfied that adequate provision has not been made therein for the performance of any necessary service or services, he shall have power to return the budget for modification in such manner as may be necessary to secure such provision.

(3) (a) The village panchayat or the commune panchayat council, as the case may be, shall sanction the budget with such modification as it thinks fit. (b) If there is a difference of opinion between the officer referred to in sub-section (2) and the village panchayat and the commune panchayat council, as the case may be, the budget shall be referred to the Director in the case of the village panchayat and the Government in the case of the commune panchayat council.

(c) The Director or the Government, as the case may be, shall have power to modify the budget in such manner as he or it may consider necessary. (4) If in the course of a year, a village panchayat or commune panchayat council finds it necessary to alter the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplemental or revised budget may be framed, sanctioned, submitted and modified in the manner provided in sub-sections (1) and (2), provided that no such alteration shall be given effect to except with the consent of the prescribed officer.

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. *192, Appointment of ditors.-41) The Government shall appoint auditors of the accounts of the r+ipts and expenditure of the funds of the commune panchayat coqncil and of the village panchayat.

(2) The auditors shall be deemed to Le public servants within the meaning of section 21 of the Indian Penhl Code (Central Act 45 of 1860).

(3) No contribution shall be recovqed by the Government from the commune panchayat council or the village panchayat towards the pay and allowances of such quditors or towards any other expenditure involved in the audit 4f the accounts of the commune panchayat council or the village panchayat.

*193. Contributions to expendimre by other local authorities.--If the expenditure incurred by the Government w by any commune panchayat council or by any village panchaybt or by any other local authority in the Union territory for any pbrpose authorised by or under this Act, is such as to benefit the inhabitants of the panchayat village, the commune panchayrtt council or the village panchayat, as the case may be, may, with the sanction of the Director, and shall if so directed by him, make a contribution t~wardssuch expenditure.

*194. Recovery of loans and advances made by Government.- (1) Notwithstanding anything contained iq the Local Authorities Loans Act, 1914 (Central Act 9 of 1914), thk Government may-

(a) by order direct any person having custody of the funds of the commune panchayat council or the pillage panchayat to pay to it in priority to any other charges against such fund, except charges for the service of authorised loans, ar)y loan or advance made by it to the commune panchayat council or the village panchayat for any purpose to which its funds may be applied under this Act. ;

(b) recover any such loan or advatice by suit. I

I (2) The person to whom- the order heferred to in clause (a) of sub-section (1) is addressed shall be bou d to comply with such order. r 1 *The section came into force o? the 26ty day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January,: 1974. i "95. Appaintntent of' ofscers to supervise commme prmchayat cdls and village panchayats.-The Government may appoint a Director and such other officers as may be required for the purpose of inspecting or superintending the operations of all or any of the village panchayat and the commune panchayat councils constituted under this Act. *196. Power to regulate cWions of service, etc.-The Oovern- ment shall have power to regulate by rules made under this Act the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers referred to in section 195 and of the members of their establishment. *197. Powers of inspecting officers.--(1) The Director or any okr appointed under section 195 or any other officer or person whom the Government, or the Director may empower in this behalf, may-

(a) enter on and inspect any immovable property or any work in progress under the control of any village panchayat or its executive authority or of any commune panchayat council or commissioner ;

(b) enter any vaccination station or choultry maintained by, or under the control of any commune panchayat council or any other institution maintained by or under the control of any village panchayat or commune panchayat council and inspect any records, registers or other documents kept in any such institution ;

(c) enter the aftice of aay village panchayat or commune panchayat council and inspect any records, registers or other documents kept therein.

(2) Village panchayats and their presidents, commune panehayat wwncils and their chiman, eommissioness and the officers and other employees of village paachayats and commune panchayat councils shall be bound to afford to the officers and persons aforesaid, such access, at all reasonable times, to the property or premises of the village panchayat or commune panchayat cowcil

*The section came into ferce on the 26th day of January, 1974 vide Extraordinary Gazet~No. 11, dated 17th January, 1974. and to all documents as may, in the opinion of such officers or persons and subject to such rules as may be,prescribed, be necessary to enable them to discharge their duties undek this section.

*198. Powers of officers for purpose of Control.-The Director or any officer or other person whom the Goviernment or the Director may empower in this behalf may-

(a) direct the village panchayat br commune panchayat council to make provision for and to executie or provide any public work or amenity, or service of the description referred to in sections 76 and 78 ;

(b) call for any record, register, or other document in the 'possession, or under the control, of any village panchayat or executive authority, or of any commune panchayat council or commissioner ;

(c) require any village panchayat or its executive authority or any commune panchayat council or commissioner to furnish any return, plan, estimate, statement, account or statistics ;

(d) require any village panchayat dr its executive authority or any commune panchayat council or commissioner to furnish any information or report on any matter connected with such village panchayat or commune panchayat council ;

(e) require any village panchayat or its executive authority or any commune panchayat council or the commissioner to obtain its or his previous sanction before giving up a claim or closing down any institution which is a source of income ;,

(f) record in writing for the congideration of any village panchayat or its executive authority or of qny commune panchayat council or commissioner any observations in regard to its or his proceedings or duties.

*199. Power to suspend or cancel resolution, etc., under the Act.- (1) The Director may, by order in writing-;

(i) suspend or cancel any resolutibn passed, orders issued, or licence or permission granted, or

*The section came into force on the 26tq day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January,' 1974. (ii) prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour of this Act if in his opinion- I

(a) such resolution, order, licence, permission or act, has not been legally passed, issued, granted or authorised, or

(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law or an abuse of such power or is considered by the Director to be otherwise undesirable, or

(c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray :

Provided that nothing in this sub-section shall enable the Director to set aside any election which had been held.

(2) The Director shall, before taking action on any of the grounds referred to in clauses (a) and (b) of sub-section (I), give the authority or person concerned an opportunity for explanation.

"200. Emergency powers of Director.-Subject to such control as may be prescribed, the Director may, in cases of emergency, direct or provide for the execution of any work, or the doing of any act which a village panchayat or its executive authority or a commune panchayat council or commissioner is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the safety of the public, and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the village panchayat fund or the commune panchayat fund in priority to any other charges against such fund except charges for the service of authorised loans.

*201. Power to take action in default by a village panehayat or its president or by a commune pancliayat codsr its chairmas.- (1) If at any time it appears to the Director that a village panchayat

*The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. ur its president or that a commune pahchayat council or its chairman sr oornmissioner has made defaul! in performing any duty imposedBby or under this Act or any other Act, he may, by order in writing, fix a period for the performance ,of such duty.

(2) If such duty is not performed dithin the period so fixed, the Director may appoint some person to krform it, and may direct that the expense of performing it shall be plaid by the person having the custody of the village panchayat fund or the commune panchayat fund, as the case may be, in priority to qny other charges against such fund except charges for the service of authorised loans.

(3) If on a representation in writink made by the president, the Director is satisfied that due to the non-co-operation of the members with the president, the village planchayat is not able to function, the Director, may, by notificatiod, authoriw the president to perform, subject to the control of the Dit-ector, such of the duties imposed upon the village panchayat by law and for such period not exceeding six months as may be specified in stlch notification. During the period for which the president is so authorisd, there shall be no meeting of the village panchayat.

"202. Removal of president.-(1) The Director- I (a) of his own motion, or I (b) on a representation in writing, signed by not less than two-thirds of the sanctioned strength of the iillage panchayat containing a statement of charges against the president and presented in person to the Director by any two of the. members of the village panchayat,

if satisfied that the president wilfully ornitst or refuses to carry out or disobeys any provision of this Act, or any2rule, bye-law, regulat~~n or lawful order made or issued thereundef. or abuses any power oested in him, shall, by notice in writing, ]require the president to offer within a speck4 date, his explanation iwith respect to his acts of omission or comtnission mentiwd in the :notice.

*The sertion came into force on the 26td day of January, 1974 sirfc Extraordinary Gazette No. 11, dated 17th thnuary, 1974. I €a8 .! . , -- (-2) If the explanation is reeeioed within the speci- date 4 the Director considers that the explanation is satidmtory, b may drop further action with respect to the nutice. If no e*nation is rimivesi wkthin the specified date or if the explamtioa received is in his opinion not satisfactory, he shall forward to tte prescribed ' authority a copy of the notice referred to in sub-section (1) and the explanation of the president if received within the specified date with a proposal for the removal of the president, for ascertaining the views of the village panchayat.

(3) The prescribed authority shall then convene a meetia for the consideration of the notice and the explanation, if any, and the proposal for the removal crf the president, at the office of the village pawhayat at a time appointed by the ptdbd authority.

(4) A copy of the notice of the meeting shall be caused to be &4ived to the president and to all the memBers af the village panchayat by the prescribed mthbrity at hst seven days beforse the . date of the meeting.

(5) The prescribed atttkority shdt pmide at the meeting convened under this section tad no other won shlf preside thereat. If within half an hour apiW for the meting, the greseriBed authority is r~ot present to preside at the meeting, tb meeting shell "stand adjourded to a time to be appointed ad notied to the members and the president by the preswibed authority ~Mtix sub-section (6).

e (6) If the prescribed authority is unable to preside at the meeting, he may, after recordi~ghis reasons in writing, adjourn the meeting: to such other time as he may appoint. The date so appointed shall be not later than thirty days from the date appointed 'for the w~tingunder sub-section (3). Notice of not kss than seven clear days shall be given to the members and the president of the time appointed for the adjourned meeting.

(7) Save as provided in sub-stktions (5) and f6), a mming convened for the purpose of caasi&ring the notice and the ekpidna- tion, if any, and the proposal for the removal of the president under this section shall not for aay reascm, be adjourned. !

(8) As soon as the meeting convened 'under this section is commenced, the prescribed authority shall dead to the village panchawt, the notice of the Director and the explanation, if any, of the president, for the consideration of which it has been convened.

(9) The prescribed authority shall not eak on the merits of the notice or explanation nor shall he be to vote at the meeting. (10) The views of the village panchayat shall be duly recorded in the minutes of the meeting and a copy of the minutes shall forthwith on the termination of the meeting be forwarded by the prescribed authority to the Director. (1 1) The Director may, after considering the views of the village panchayat in this regard, in his discretion eithet remove the president from office by notification with effect from a date to be specified therein or drop further action. (12) The Government shall have powei to cancel any notification issued under sub-section (11) and may, !pending a decision on such cancellation, postpone the date specified in such notification. (13) Any person in respect of whom a notification has been issued under sub-section (1 1) removing him froa the office of president, shall, unless the notification is cancelled undqr sub-section (12), be ineligible for election as president until the dqte on which notice of the next ordinary elections to the village pan@ayat is published in the prescribed manner, or the expiry of on$ year from the date specified in such notification as postponed by the order, if any, issued under sub-section (12), whichever is earlier. *203. Removal of vice-president.--(l) If, in the opinion of the Director, the vice-pres'fdent wilfully omits or refuses to carry out or disobeys any provision of this Act or any rde, bye-law, regulation, or lawful order made or issued thereunder lor abuses any power vested in him, the Director shall, by notice fin writing, require the vice-president to offer within a specified data, his explanation with respect to his acts of omission or commisdion mentioned in the I notice. (2) The provisions of sub-sections (2) to (13) (both inclusive) of section 202 shall, as far as may be, anply in relation to the removal of the vice-president as they apply in relation to the removal of the president by the Director of h$ own motion. *The section came into force on the 26th hay of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. $204. Removal of chairman.-l[omitted] q(l) The Government- . I (a) of its own motion, or I (b) on a representation in writing signed by not less than two-thirds of the sanctioned strength of the commune panchayat . council containing a statement of charges against the chairman and presented in person to the Government by any two of the members of the commune panchayat council, if satisfied the chairman wilfully omits or refuses to carry out or disobeys any provision of this Act, or any rule, bye-law, regulation, or lawful order made or issued thereunder or abuses any power vested in him, shall, by notice in writing require the chairman to offer within a specified date, his explanation with respect of his acts of omission or commission mentioned in the notice.]

(2) (a) If the explanation is received within the specified date, and the Government considers that the explanation is satisfactory, the Government may drop further action with respect to the notice.

(b) If no &planation is received within the specified date or if the explanation received is in its opinion not satisfactory, the Government shall forward to any officer specified by the Govern- ment in this behalf (hereinafter in this section referred to as the "specified officer") a copy of the notice referred to in sub-section (1) and the explanation of the chairman l[ornitted] with a proposal for the removal of the chairman l[omitted] from office.

(3) The specified' officer shall den convene a meeting for the consideration of the notice and the explanation, if any, and the proposal for the removal of the chairman l[omitted] at the office of the commune panchayat council at a date and time appointed by the said officer.

(4) A copy of the notice of the meeting shall be caused to be delivered to the chairman l[omitted] concerned and to all the members of the commune panchayat council by the said officer at least seven days before the date of the meeting.

*The original section 204 in the principal Act came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 1Tth January, 1974. 1. The words "or vice-chairman" were omitted by Act 4 of 1978, Section 10, w.e.f. 30-3-1978. 2. Substituted by Act 4 of 1978, %tion 10, w.e.f. 30-3-1978. (5) (a) The specified officer shall predde at the meeting convened under this section and no other person shall preside thereat. (b) If within half an hour appoint& for the meeting the said officer is not present to preside at the meeting, the meeting shall stand adjowned to a time to be appointled and notified to the members by the said officer, under sub-section (6). (6) (a) If the specified officer is un4ble to preside at the meeting, he may, after recording his reasons n writing, adjourn the meeting to such other time as he may appoint,I (b) The date so appointed shall be, not later than thirty I days from the date appointed for the meeting under sub-section (3). (6) Notice of not less than seven cltar days shall be given to the members of the time appointed for the' adjourned meeting. I (7) Save as provided in sub-sections [S) and (6), a meeting convened for the purpose of considering the qotice and the explanation, if any, and the proposal for the renboval of the chairman I[omitted] under this section shall not, for any reason, be adjourned. (8) As soon as the meeting convened under this section is commenced, the specified officer shatl read to the commune panchayat council the notice of the Government and the explanation, if any, of the chairman l[omitted] for the consideratio@of which it has been convened and declare it to be open for debate. (9) (a) Such debate shall automatically terminate on the expiry of two hours from the time "appointed for the commencement of the meeting, if it is not concluded earlier.

(b) Upon the conclusion of the deb@te or upon the expiry of the said period of two hours, as the case may be, the proposal shall be put to the vote of the members.

(10) The specified officer shall not spedk on the merits of the notice or expianation nor shall he be entitled lo vote at the meeting. (11) The decision of the commune panqhayat couwil accepting or rejecting the proposal of the Government ishall be duly recorded in the minutes of the meeting and a copy of the minutes shall Forthwith on the termination of the meetirig; be forwarded by the specified officer to the Government.

1. Tlle words *'orvice-chairman," as the case may be" were omitted by Act 4 of 1978, sedtio~10, w.e.f. 3U-3-1978, (12) If the proposal has been aoeepted by the cummune panchayat eomil at the meeting, the Government shall, by mtificatim, remove the chairman tfomitted] from office.

(13) Any person in respect of whom a notification has been isstled under sub-section (12) removing him from the office of chairman qomitted] shall be ineligible fbr eketion M chairman aomittedJ and for holding any of those offices until the date on which not~ceof &he next ordinary &ctioas to the Lecommtlne panchayat cmwil is published in the prescribed mannor or the expiry of one year frorn the date spWin the notification whichever is earlier.

3f2Q4A. Remevd of vitwebim.--(l) If, in the opinion of the Government, the vice-chairman wilfully omits or refuses to carry out or disobep any provision sf this Act or any ntk, byelaw, regulation, or lawful order made or issued thereunder or abws any power vested in him, the Government shall, hy notice in wrifing, require the vice-chairman to offer within a specified date, his exgdsznation with respect to his acts of omission or commission mentioned in the notice. (2) The provisions of sub-sections (2) to (13) (both inclusive? a£ section 204 shall, as far as may be, apply in relation to the removal of the vice-chairman as they apply in relation to the removal of the chairman by the Government of its own motion.] *205. Resignath 4 dice.--(I) (a) Any member or the vice- president of a village panchayat may resign his office by giving a notice irt writing to the president.

(b) Except in a case where the pmn resigning dehm tke notice of resignation personany to the president, the presidefit sha11, on receipt of such notice, obtain, eonfirmation from the pe~son concerned, as to its genuinms. (c) The resignation delivered personalty or c~nbdas aforesaid shall take effect on and from the date on which the n&ke was received by the said president.

.I, The wds -or vice-chairman". as &e case may he" were ornited by Act 4 of 1978, section 10, w.e.E 30-3-1978. 2. The words &*orvice-chairman" were omitted by Act 4 of 1978, section 10, w.e.f. 30-3-1978. 3. Inserted by kt4 of 1978, section 11, w. e. f?N-3-1978. *The section came into force on the 26th day of January, 19% vise Extraordinary Gaaa#e No. 11, dated 17th Laary, 1974, (2) The president of a village pan+ayat may resign his office by giving a notice in writing to the Diiector, but the resignation shall not take effect until it is accepted tjy the Director.

(3) Any member of a commune panc yat council other than the chairman or vice-chairman of such counc'a 1 may resign his office by giving a notice in writing to the chairman 1 1 Provided that on receipt thereof, the chairman shall, except where it is delivered to him by the member personally, obtain confir- mation from the member concerned as to it$ genuineness and such resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which it is received by the chairman.

"4[(3A) The chairman of a commyne panchayat council may resign*his office by giving a notice in writing to the Govern- ment, but the resignation shall not take effect*until it is accepted by the Government ."I

(4) The S[omitted] vice-chairman of a commune panchayat council may resign his office by giving nqtice in writing to the commune panchayat council and such resigpation shall take effect from the date on which it is placed before jhe commune panchayat council.

(5) (a) Notwithstanding that the resignation of a person from the office of president or chairman has tlken effect under sub- section (2) l[or sub-section 3(A)], the Director may, by notification record a finding, with reasons therefor, that such person is guilty of wilful omission or refusal to carry out, lor disobedience of, the provisions of the Act or any rules, bye-laws, regulations or lawful orders made or issued thereunder or abuse qf the powers vested in him, while he held the office of president or qhairman :

Provided that the Director shall, before issuing such notification, give the person concerned an opportunity for!explanation :

Provided further that no action under this clause shall be taken after the expiration of one year from the date on which the resignation has taken effect.

4. Inserted by Act 4 of 1978, section 12, w.e,fj 30-3-1978. 5. Tha words <'chairmanor" were omitted by &t 4 of 1978, section 12 w.e.f. 30.3-1978. I 1. Inserted by Act 4 of 1978, section 12 w.e.f.1 30-3-1978. 1 (b) A person agirieved by the notification issued under clause (a) may, within thirty days from the date of publication of such notification, prefer an appeal to the Government and the Government shall, in case the appeal is allowed, cancel such notification.

(c) A person in respect of whom a notification was issued under clause (a) shall, unless the notification is cancelled under clause (b), be ineligible for election as president or chairman, as the case may be, for a period of three years from the date of publication of such notification.

*206. Motion of no-confidence in vice-president of village panehayat.-41) Subject to the provisions of this section, a motion expressing want of confidence in the vice-president of a village panchayat may be made in accordance with the procedure laid down herein. (2) A written notice of intention to make the motion, signed by members of the village panchayat not less in number than one- half of the sanctioned strength of the village panchayat, together with a copy of the motion which is proposed to be made, and a written statement of the charges against the vice-president shall be delivered in person to an officer authorised by the Director in this behalf (hereinafter in this section referred to as the "authorised officer") by any two of the members of the village panchayats signing the notice: (3) A copy of the statement of charges along with the notice of the meeting shall be caused to be delivered to the vice- president concerned by the authorised officer, and the vice-president shall be required to give a statement in reply to the charges within a week of the receipt of the notice by the vice-president. (4) The authorised officer shall, after the expiry of the period of the notice issued under sub-section (3), convene a meeting for the consideration of the motion at the office of the village panchayat at a date and time appointed by him.

(5) The authorised officer shall give to the members notice of not less than fifteen clear days of such meeting and of the time appointed therefor. (6) (a) The authorised officer shall preside at the meeting convened under this section, and no other person shall preside thereat. *The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. 687 I I

(b) If witkin half an hour after the tlme appointed for the meeting, the authorkd officer is not prese~t to preside at the meet@, the meeting &all stad adjourned to a (time to be appinted , and n&ifIed to the members by the authwised &er under sub- section (7).

(7) (a) If the authorised officer is ~ndbleto preside at the meeting, he may, after reeording the reasons i+ writiag, adjourn the meeting to such other time as he may appoint. I i (b) The date so appointed shall not; be later than thirty days from the date appointed for the meeting under sub-section (4). (c) Notice of not less than seven clear days shall be given to the members of the time appointed for the adjourned meeting.

(8) Save as provided in sub-sections (4) and (7), a meeting convened for the purpose of considering a motion under this section shaH not for any reason be adjourned.

1 (9) As soon as the meeting convened Dnder this section has commenced, the authorised officer shall read to! the viilage panchayat the motion for the consideration of which it has been convened, the statement of charges and the statement if any; of the vice-president in reply to the said charges and dwlare it to be open for debate. i (10) (a) Such debate shall automatic ly terminate on the expiry of two hours from the time appointed "dpr the commencement of the meeting, if it is not concluded earlier.

(b) Upon the eoncfusbn of the debake or upon the explry of the said period of two hours, as the case may be, the motion shall be put to the vote of the members.

(11) The authorised officer shall not sg~eak on the merits of the motion, nor shall he be entitled to vote tbereon. (12) A copy of tke minutes of the mmting together with a copy of the motion and the result of thq voting thereon shall forthwith, on the termination of the meeting,, be famsrded by the authorised officer to the Director. 1 8 (13) If the motion is carried with the support of not less than two-thirds of the sanctioned strength of the village panchayat the Director shall, by notification, remove the l vice-president of the village panchayat. 1 m (14) EF the motion is not cetrribd by swh a majority as a@',or if the meeting annot be held fer mnt d the qwllttm referred to in sub-section (13), no notice of any t- expressing want of confidence in the same vice shall be rwived until after the expiry of six mrnaths from the date of the

(15) No notice of a motion under &is mion ed wi& six months of the assumption oE ofltiroe- by the

*207. Motion of d conunme pancbaypt muneils. this section, a motion expressing in the chairman or vkwhairmss of a commun I mq be mads k accordance with the procedure hid down hesin.

(2) A written notice of intention to make the motion, signed by members of the commune panchayat council not less in number tban one half of the sanctioned strength of the commune panchayat cmncif, together with a copy of the motion which is proposed to be ma& and a written statemeqt of the charges against the l[omittedl the vice-chairman, qomitted] shall Be deIivwed in peson to any officer specified by the Government in this behalf (Wnafter in the , don xeferred to as the speciffed &m) by any two af the members of the commune panchaw cauneil signing the noti?.

(3) A copy of the statement of charges aloag with the motion sMl be caused to be deIivered to the l[omittedJ vim-chairman ca!wxned by the specified oacer and the l[omitted] vice-chairman concerned shaM be required to give a statemeat in reply to tbe charges within a week of the receipt of the motion by the Ibmitted] vice-chairman.

(4) The specifled oAim &all then convene a meeting for the consideration of the motion at the office of the commune panchayat council at a date and time appointed by him.

f. Tbo mrbs '(chairman at" were by Act 4 bf f978, Oacti~n13, w.e.f. 30-3-1978. came into force on the 26th day of January, 1974 vide . 11, dated 17th January, 1974. fhe case may be" wclre omitted by Act 4 d 1978 secibn (5) The specified officer shall give io the members notice of not less than fifteen clear days of the Qeeting and of the time appointed therefor. ! i (6) (a) The specified officer shall,i preside at the meeting convened under this section, and no other person shall preside thereat.

(b) If within half an hour aft$ the time appointed for the meeting, the specified officer is not present to preside at the meeting, the meeting shall stand adjourned ;to a time to be appointed and notified to the members by the specified officer under sub- section (7). i I (7) (a) If the specified officer is Friable to preside at the meeting, he may, after recording his rqasons in writing, adjourn the meeting to such other time as he may jappoint. 1 (b) The date so appointed not be later than thirty days from the date appointed for the g under sub-section (4).

(c) Notice of not less than seved clear days shall be given to the members, of the time appointed for [he adjourned meeting. (8) Save as provided in sub-secti s (6) and (7), a meeting convened for the purpose of consider' g motion under this section shall not for any reason be adjournedn I (9) As soon as the meeting ed under this section has commenced, the specified officer shall the commune panchayat council the motion for the of which it has bpn convened, the statement of statement, if any, of the l[omitted] vice-chairman in charges and declare it open for debate.

I (10) (a) Such debate shall autodatically terminate on the expiry of two hours from the time appoiljted for the commencement of the meeting, if it is not concluded earlip.

(b) Upon the conclusion of the,I debate or upon the expiry of the said period of two hours, as the) case may be, the motion shall be put to the vote of the members. j

(11) The specified oficer shall on the merits of the motion nor shall he be entitled to i 1 6-40 (12) A copy of the minutes of the meeting towher with a copy of the motion and the results of the voting thereon shall forthwith on the termination Of the meeting, be forwarded by the specified officer to the Government. ".

(13) If the motion is carried with the support of not less than two-thirds of the sanctioned strength of the commune panchayat council, the Government shall, by notification, remove the l[omitt&] vice-chairman of the commune panchayat council %omitted].

(14) If the motion is not carried by such a majority as aforesaid, or if the meeting cannot be held for want of the quorum referred to in sub-section (13), no notice of any subsequent motion expressing want of confidence in the same l[omitted] vice-chairman shall be received untiI after the expiry of six months from the date of the meeting.

(15) No notice of a motion under this section shall be 'received within six months of the assumption of office by the l[omitted] vice-chairman qomitted].

*208. Dissolution and supmession of village panebayak- (1) If, in the opinion of the Government, a village panchayat is not competent to perform or persistently makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may, by notification, direct-

(a) that the village panchayat be dissolved with effect from a specified date and reconstituted eitbr immediately thereafter or with effect from another specified date after hdding elections to the office of the members as well as the president and .vice-president ; or

(b) that the village pmchayat be yperseded for a- p?iod not exceeding one $ear from a specified date and reconstituted elther immediakiy thereafier or with effit from another specified date :

1. The words "chairman or" were omitted by Adt 4 of 1978 section 13, w.e.f. 30-3-1987 2. The words %s the case may be" were omitted by Act 4 of 1978 section 13, w.e.f. 30-3-1978 *The section came into force on the 26th day of January, 1974 vide E-inary Gazette No. 11, dated 17th fandry, 1974. 1 I i i Provided that the Government, may, for; sufficient reason, extend the period of supersession for a period not f:xdng one year &er the expiry of the period of one year from ?be date of such staper- session. "1 (2) (a) (i) Notwithstanding anythi the Government, if it thinks tit that i pamhayat, It is necessary to restare to vimI;ident holding office immediately supersession, it may, by noWtion issued period of supersession, direct such restoratio specified in that notification. i (ii) In case no such direction' has been issued under subclause (i), lksh election shall be he14 to the office of the members including the via-president but e$cluding the president of the village panchayat. ! (b) The members of the village ; panchayat including its vice-president restored to their offices as dforesaid shall hold their ofiices only so long as thy would have bt$en entitled to hold such &ces if the villrage panchayat had not been1 superseded. (3) Before publishing a notification bnder sub-section (1) the Government shall communicate to the villa e panchayat the grounds on which it proposes to do so, fix, a fmnabk yenod for the village panchayat to show cause against t e proposa and consider its explanations and objections, if any. (4) On the date fixed for the dissolu/ion of a village panchayst under sub-section (I), all its members as well as its president and vice-president shall forthwith be deemed to /have vacated their offices as such and thereupon the provisions codtained in the proviso to sub-section (2) of section 8 shall apply. (5) (a) Subject to the provisions of s (2), on the date fixed for the supersession of the village sub-section (I), all its members as well as dtemtd to have vacated their &afl continue in o@ce for the the period of supersession, the of the Director, exercise the village panchayat. 4i Cb) In date fixed for t vacant before the contained in the

612 " YrT -,

(6) On the teconstitutiab of the dbge wfiayat ttf& tfvt sufrers~saionmfd to in clause (t,) of sub-2 an (5) the @imm- ment may pass such orders as it deems fit as to ttH! .hmtfkr ta theL village panehayat from the commune panchayat council of the +ssets or institutions which were aqtdrc?8 tVy the wm dayat council duriq the period d sugtixsesion on bcM of tCasF p&sbyt~t add as to the disofiMg6 sf tbBab'lih, if any, d v&p panohayat dating to .such asWs or institutioda

(7) In case the president ~r vice-presideqt or a member of a rillage panchayat whch is dissolved under tl& Mon is the I[ornitted] vice-chairman or a member of a commune pancbayat council, he shal, with effect on and from the date of the dissolution, be: to tram vad p@ke es srsuch 2famiw tricp~chainnan or li-thartding anytgng .cx~ntai.nedin ~OII15.

(8) iIn oase the vice-mident or a d a village panobayat whiob Is supers- mwkz tkh tfpe 3[oaoittertj ~icwhairmnarr a member aE a commwe pehsy80 cwacil, he sb& witb @ect on and from the date of the su deemed to have vacated his omtw swh lfomiW1 or member notwithstanding anything contained in section 15.

iution, the Ootrenrmmt may as to the transfer to the village panehayat council of the assets or by the saahmwe padayat coultttil the viilage pashayat, any, of viflap pa

(16) (@ In tke case of a aakfe Ye* &mhnion, the ekkd li#:mbers fnckd P

(b) subject to the prm6sio.n~of sub-don (2), in &a case of tt via* ppanchayat rmnstittituted after so~ssion,tbQ ebxted mcmbrs,

1. Ths words *chairman or"were omitted by Act 4 of 1978, w.e.f. 30-3-1978. 2. 9.h~wsrd rg~hairman*wa omiW by Acf 4 of 1978, mxWi 14, w.6,f~JCC1.a--f078. came in& fanx on the 26th day ofhary, ip74 PM~ EX^ ~e.11,- ~wll~nw,r974. a &-;y, ,. - - . i 1 i shall enter upon their ofices on the date fix for its reconstitution qnd their term of office shall expire in such and on such date as the Government may fix. 1 "209. Dimluudn of commune panchayat / councils.+) If, in the ognion of the Government, a commune p nchayat council is not competent to perform or persistently makes hfault in performing the duties imposed on it by law or exceeds or abpses its powers, it my, by n~tification-

: (a) dissolve -the commune pimcl&itt council from a specifled date ;and I

(b) direct that the commune panchkyat council be reconstituted with effect from a date which shall not! be later than one year from the date of dissolution.

' (2) Before publishing a notificationi under sub-section (I), the Government shall communicate to the commune panchayat council the grounds on which it proposes td do so, fix a reasonable period for the commune panchayat council to show cause against the proposal and consider Its objections, if any. i (3) On the date fixed for the disbolution of a commune pancbayat, council under sub-section (I), all its members as well as its chairman agd vice-chairman shall forthkith be deemed to have vacated their offices as such. j (4) During the interval between tye dissolution and the reconstitution of commune panchayat coqncil, , the Director may qppqint*a person to exercise the powers an discharge the duties of the commune panchayat council and of its c! airman : Provided that any person to be under the provisions of this sub-s~tionshall be a person of the Govern- ment not below the rank of a commissioner',

(5) The members of zi reconstituied commune panchayat Council l[and the chairman thereor] shalI. enter upon their offices on the date fixed for its reconstitution i/nd their terms of office shall expire in such year and on such idate as the Government may fix. 1 1 - *The section came into force on the 26th day of anuary. 1974 vide ~xtraordinary Gazette No. 11, dated 17th January, 1974. '1. lnsertd by Act 4 of 1978, section 5, 4.e.f. 30-3-1978. (6) When a commune panchayat council is dissolved under this section, the Government until the date of the reconstitution of the commune panchayat council and the reconstituted commune panchayat council thereafter shall be entitled to all @e assets and be subject to all the liabilities of the commune panchayat council as on the date of the dissolution and on the date of the reconstitution respectively.

2j209A. Power to appoint Special Officer in eertais cases.-

(1) Whenever-

(a) the ordinary elections to the offices of presidents of village panchayats, who by virtue of sec$on 9 of this Act become members of commune panchayat council, or any proceedings conse- quent thereon have been stayed by an order of a competent court or authority, or

(b) the election of all the members referred to in clause (a) or more than two-thirds of such members has been declared by a competent court or authority to be void, or

(c) the term or the extended term of office of the members of a commune panchayat council has expired and the new members as referred to in clause (a) have not been elected in accordance with the provisions of this Act, or

(d) all the members of a commune panchayat council or more than two-thirds of the members have resigned, the Government shall, by notification, appoint a Special Of%cer for such period as may be specified in the notification and may, by like notification, curtail or extend the period of such appointment :

Provided that nothing in this sub-section shall prevent the, Government from appointing the same Special Officer in respect of more than one commune panchayat council.

(2) Notwithstanding anything contained in this Act, during the period for which the Special Officer holds office, all powers and duties conferred and imposed upon the commttne panchayat council, standing committees or other committees of the commune panchayat

2. Inserted by Act 4 of 1978, section 16, w.e.f. 30-3-1978. i 1 wuwjl and cjrairman, viceichairman other aythprities (other than W wmmissioner) by or ~qderthis t or apy other law for tb tjmp hh19 in farce shall be ~$4pfo& by the sgccia 0%~. j i (3j (a) Tb Ifouemmnt may dwthat the Special Qficer sMl be a whole-time officer, and when such a direction is issued, he shall be paid out of the commune pancqayat fund such monthly salary and allowances as the Government may, from time to time by &, detmniae. i 1 (b) When an offiar of the ~ohrnrnsptis ttppointed as Special Officer, the commune panchayat ?council shall make such contributions tqwards the leave gensioa md provident fund of fhg: afficer as may be the conditions of bis service under the Government, to or for him, as the case may be. I (4) References in any enactment or ;law for the time being in force to the chairman of the commune 'panchayat council shall, during the period fo~which the Special1 Oftleer holds &ce, be construed ao ~fptrencesto the $@a$ 0-r appointed under sub- section (1). 1 (5) In the discharge of his the S cia1 Officer sheall bb guided by ouoh directions of polcyk involving public interest as the Government specify : and if any question arises whether a di~atio~relate6 to a matteP of policy involving public interest the Government s&ll decide the same. ' (6) (a) The Govrr-nmmt gay, if it thinks fit, appoint an Advisory Council to advise apd assist thal Specis1 OiWr appoixnted under sub-section (I) in the exercise ;of the powers and the pe~farrnaa~eand discha~geof the dugies abd functions conferred or imposed on him by or under this Act or a$ other law for the time being in fbrce. i 1 (b) Thp members pf the Advisory Council shall hold o@ce during the pleasere of the ~overnrnebt. i i (7) All property vested in the copmune panchayat council shall, until new members are elected, vest 4 in the Special Officer in tmt for the poses sf this Act. I \ (8) Nsthiag in' sub-section (1) sub-seetipn (2) shalt be amst~tzedas efkwting or implying in of the dissolution of the calglguna panohay& cotlttdl as a i 616

.-A [email protected] this section "commune paaahayslt council" , iad* a awsSar wminuae pwhpyat cotmil speciiit4 is caIlrinq (.) of &Mule: I,]

*210. FtwWs ef &cfa fgr sr i5 &fa &a ama liability of Ox f'b#+*Tb Gwmmet~t, the Director or any other person ly an; acti~non behalf, or in default, of a village panchayat or a commune panchayat council under this 8&t, sMl have su& pewem as are neetsw for the purpose and shall be entitled to the same prateetion ltader W Act a$ the vihge panchayat or the commune panchayat council or its officers or servants whose powers am exercised ; arid compensation shall be recoverable from the village panchayat fund or the commune paslch~yat fUnd by any person sufferiog damage from aha ex@& of W pOWers ta the same extent, rrs if tfie nGtion hgd bsm taken by the village panchayat or the commune panchayat council or any of their o%cers or servants.

211. ntlegatfoa of pumm.-(l) The Governmgnt may, by notification, authorise any gazetted afficclr to exercise in a~ylocal area in regard to any village panchayat or all village panchayats in that area or in regard to any -une panchayat council or all commune panchayat councils in that area any of the powers vested in it by this Act except the power to make rule and may, in like manner, withdraw such authority.

(2) The Director may, by notification, authorise any gazetted officer to exercise in any local ~rc;a,under the jwisdkthn of such affiw in regard to my commune pacbayat coutlcif or all commune pauchayat councils in that area any of the powers vested by tkis Act in the Director and may, in like manner, wlthdraw such authority.

(3) The Director may, by, natificaticm, qufharise any ofha 40t below tb rank ~f a comoai~amto exe~cissin r~gtsd.ta any villa@ pawhayat or 811 vik@ pwcbayats in the commune pa&&;va$ any of the powers vested by this Act in the Director and m;t~y,ia like manner, withdraw such authority. (4) The exercise of any power delqated under Bub-s&i~n (I), sub-sation (2) or sub-section (3) shall be subject to such restrietion~ and conditions as may be pradbcd or as may be specified in tbe notification. r *Schedule V came into force on the 1st day of August, 1976 vlde ~xtraord~-ate NO. 34, &tad mh; 3uiy, 1976. I i

*212. Revision.-(l) The Goverament ni , in its discretion, after consulting the Director or such other offif r or authoFity as it may deem fit, at any time, either of its own mbtion or on application, call for and examine the ,record of atqy order ~assedor proceeding r~ordedunder the provisions of this3Acti by- (a) the Director or any officer autho ised by the Director under sub-section (2) or sub-section (3) of secti& 211, or i (b) any officer authorised by the ~dvernmentunder sub- section (1) of that section, or I I (c) any other authority or officer, I I for the purpose of satisfying itself as to the legality or propriety of such order, or as to the regularity of such proceeding and pass such order in reference thereto as it thinks fit. I (2) The powers of the nature referred to in sub-section (I), may also be exercised by such authority or dfficer as may be empowered in this behalf by the Government.

I CHAPTER-VI 1

GENERALAND MISC~L~ANE+ Licences and permissions.

*213. Generai provisions regarding licendes and permissions.- (1) Save as otherwise expressly provided in may be prescribed under this Act, every appIication for any licen or permission under this Act, or any rule, bye-law or regulation mbde thereunder or for the renewal thereof, shall be made not less than thirty days and not More than ninety days before the earliest date +ith effect from which, or the commencement of the period (being a yetr or such less period as is mentioned in the application) for which the licence or permission is required. I (2) Save as aforesaid, for every such lic+ce or permission, fees may be charged on such units and at such rate$ as may be fixed by the village panchayat or the commune t council, as the case may be, provided that the rates shall the maxima, if any, prescribed. . 1 *The section came into force on the 26th d ' y of January, 1974 vidr Extraordinary Gazette No. 11, dated 17th January, 1974. 7 0 1 (3) Save as sforesaid, 'if or& on an applicPtion far any sv& 1iMf~;eor permission are not communiwed to the. applicant witlain thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the exmtive authority of the viljage panchayat or the commissioner, the app1k.a- tion shall be deemed to have been allowed for the period, if .any, for which it would have been ordinarily allowed and subject to the law, rules bye-laws and regulations and all conditions ordinarily imposed.

(4) The acceptance of the pre-payment of the fee for any such licence or permission shall not entitle the person making such pre- payment to the licence or permission, but o?ly to a refund of the ' fee in case of refusal of the licence or permission.

(5) If an act for which any such licenoe or permission is necessary is done without such licence or permission, or in a manner inconsistent with the terms of the liceace or permission obtained, then-

(a) the executive autkority of the village panchayat or the commissioner may by notice req~rethe: person so doing such act to alter, remove, or as fa as practicable, restore to its original state, the whole, or any part of any property, movable or immovable public or private, affected thereby, within a time to be specified in the notice ; and

(b) if no penalty has been specially provided in this Aut for so doing such act, the person so doing it shall be punishable with fine not exceeding fifty rupees for every such offence.

(6) .Whenever any is convicted of an offence in respect of the failure to obtain any such Iicence or permission, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the village panchayat or the commune panchayat council, as the case may be, the amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the village panchayat or the commune panchayat council, as the case may be, such amount, if any, as he may fix as the costs of the prosecution.

Explanation.-The recovery of the fee for a licence or pex'mission under this sub-section shall not entide the person c~avietedto the licence or permission. I 1 1 *214. Go-ent got to obtain licmce~ germid~88.-Nothing in this Act or in any rule, bye-law or made themunder shall be construed as requirkg tb taking outl of any licence or the obtaining of any permission un$er this Act such mk, bye-48~ or mgulatiotl in llespect of any pba in or under the control of the Govenunent or in Oovernment. Power to enforce notices, itc. I

made there- measures or to do such notice, executed, thc measures i (2) Zf sueh notice, requisition m orderlis not cempked with within the time so specified- ! (a) the executive authority of the village panchayat or the cornmisioncr, as the case may be, may SU& work to be executed, or nzay take any measures do atything which may, in his &ion, be nccdtssary for giving heeffect to the natice, rquisition or wdm, I b) if no penalty has been specialld provided in this Act for failure to comply with such notice, requisiiion or order, the said . person shall be punishable with fine not exc+eding fifty rupees for evezy such offem. I Pawers af emtry anai irtspeckion. *216. Powers of entry and hspwtion.+l) Subject to such restrictims and conditions as may he prescri , the executive authority or the commissioner or any petson autho?? ,sed by him may enter on or into any face, building or land, with 01 without assistants or workwen in orB er- 1 (a) to moke any inquiry, ins test, examinagion, survey, measurernent or vafuation or any other work, which is attthorised by the provisians of t any rule, bye-law, regulation or order made thereunder or necessary to make or execute for any of the purposes of this +t or in pursuance of any of the said provisions, or i

$don catm~into fame an tke %& ef hauary, 1974 Extraordinary Gazette No. 11, dated 17th January, i i 6198 ."--- (b) to satisfy hinsoff th& nethi~ghs being done in such a $&, building or lnnd for which a licence or pemisaion is required EllmQat any af tbe said prouisians, witbat $UO~~~O~RCG or pamission ar otbmiw tban is conforlaity with the term d tke lioam or. pamiserion oWnad.

(2) No elaim &I1 lie orHnst any person For any demge er iwanwIenoc: n(5ocwwily c~t~sedby tbc exeside of pbwm wMon (1) er the far&! necsssary fo~effeet etrtognce under that st8

*217. .--me ewmstive a-tY or the comssioner or any person a&mrised by frh may exdm and tegt the weights and measures wed in the markets snd shafss in the paacbayat village or the commune panchayat, as the case may be, with a view to the prevention and purzishment of offewes relttting to such weights and measures under Qaptei XnI of &e Inaan Peagl C& (Central Act 45 of 1860).

218. Pmer to all for tntmmb &em k .--(I) The exec&ve arrtMty or the misganor map, by in writing, reqh &e kasllam of any rim@ eomprisedwitbin the jurklietion of tbvillage pnchayat or cbaununts panchaqlat coQncif to fimish him with i~f.orm$tionon any mat* falling withm sach categories as may be prescribed in respect of such village or any part theredf m afiy er pr-y therein.

(2) The order shdl specify the petiad within which 4t icy k cxmw with but the exwtive $~tth&tyor the ecsrtl.m- may, hrom bin@ ta time, extend sdptrW.

Liw'tatb.

*a9- of ~?C~VWgb d~ie~.- ~hstr be matfe, be instituted and ~EIO all tte o&- laenced in mpect of any tax or otbr s\~311 pazmehayat or eotamune p~anclnaytitcoun91 m&s tbAct or my mk, bp-I(rw, re~lationor order made thereunder after the expiration of a period bf three years from the dm on wblch &sttaint might &st Mve been made, s suit mifit &st have beeQ idstltutlsd, or prosecution mi@ first have been commend, as the case may be, in respect of such tax or sum.

an thc 26tb dsy of rp, 1974 vide 17th ,1974. , 1 Prosecutions, suits, etc. *220. Perseas empowered to prosed as otherwise . expressly provided in this Act, no perm offence against this Act or any rule or by -law made thereunder unless complaint is made within three month !of the commission of the offence by the police, the emutive a$thority, the commune panchayat council, the commissiont% or a perton expressly authorised in this behalf by the village wdayat or1 commune panchayat council, executive authority or cornmissionet ; but nothing herein shall affect the provisions of the Code of Ctiminal Procedure, 1898 (Central Act 5 of 1898) in regard to the pow of certain Magistrates to take cognizance of offwces upon received or upofi their o*n knowledge or suepicion : Provided that failure or obtain permission under this Act shall, for section, be deemed to be a continuing offence of the period, if any, for which the licence or d and if no period is specified, complaint may within twelve months from the commencement i "221. Compqftion of offences.-The ex cutive authority or the commissioner may, subject to such restriction Jand control, as may be prescribed, compound any offence against t is Act or any rule or bye-law made thereunder, which may by ftiles be declared wm- poundable. I *222. Prosecutions and compositions to j be reported to village panchayat or commune panchayat council.-Evqy prosecution instituted or offence compounded by the executite authority or the commissioner tihall be reported by him to tFe village panchayat or commune panchayat council, as the case may /be, at its next meeting. * 223. Sanction for prosecution.-(1) Wh n the president or vice- president or the executive authority of a v311aget panchayat or the chairman or vice-chairman of a commune p~nchayatcouncil or the commission@r or any member is accused of1 any offence alleged fo have been committed by him while acting dr purporting to act in the discharge of his official duty, no court @all take cognizance of such offencgt except with the .previous sanctioq of the Government. (2) When according under sub-section (I), it shall be open to the president, vice-president, executive or commissioner, as the case may as such until the disposal of the case.

*The -ion came inb force on the 26t of Jan-, 1974 vide Extraordinary Gwtte No. 11, dated 17th January, *224. Notice of action rrgaht vfllege panchayat, etc.-(1) Subject to the provisions of section 225, no suit or other legal proceeding shall be brought against any village panchayat or its president or executive authority or any commune panchayat council or its chairman or the comrnissioneg or any member, officer or other employee thereof or against any person acting under the direction of such village panchayat, president, executive authority, commune panchayat council, chairman, commissioner, member, officer, or other employee, in respect of any act done or purporting to be done under this Act, or in respect of any alleged neglect or default in the execution of this Act, or any rule, bye-law, regulation or order made thereunder until the expiration of two months next after notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended plaintiff, has been left at the office of the village panchayat or commune panchayat council, and if the proceeding is intended to be brought against any such president, executive authority, chairman, commissioner, member, officer, other employee, also delivered to him or left at his place of residence.

(2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage, during sych continuance or within six months after the ceasing thereof.

(3) If any village panchayat, commune panchayat council or person to whom notice is given under sub-section (1) tenders amends to the plaintiff before the proceeding is commenced and if the plaintiff does not in such proceeding recover more than the amount so tendered, he shall not recover any costs incurred by him after such tender ; and the plaintiff shall also pay all costs incurred by the defendant after such tender. P

"25. Prdectio& of chairman gsd ofecers acting in good faith.-No suit or other legal proceeding shall be brought against the chairman, commissioner, president, executive authority or any member, oEcer or other employee, of a commune panchayat council or village pmchayat or any person acting under the direction of a commune panchayat council or village panchayat or of such chairman, commissioner, president, executive authority or member, officer or other e in respect of any act done or purporting -to be done under this Act, or in respect of any dleged neglect or *The &ion came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dattd 27th January, 1974. default on his part in the exsnttion of this ~ctjor any rule, bye-law r&@ation or or& made tlKfdltiad&, if such. dct was &w, CK sUCh negida or default wnmd in good fitith; but an1 such prooreding shall so far as it is maj~taiaable in a court, be, brought a@i& the commme pttmdayat cauncil or thc rkiliage pa4chayat except in the case of suits brottght under section 227. 1

Ii 226. Injm&km not to Bpr granted m Notwithstanding anything coateined in the 1908 (Central Act 5 of 1908) or m any other in force, no murt shall grant any permanent air temporary injustion or makc any interim order restraining any prokeding which is beiag or about to be: taken under thia Act for the1 prepxrati~n or pubfi- cstion of any electoral roll or far the codact (of my election, i *227. Liability af president, exe ity am? members of a dBage pawbayat and chairman, andmembersofa commune panchalyat cbwdi f6r less, president, every member and execut and tke chairman, commIssiona panchayat couwil shall be liable of any money or other pancbyat or commune panchayat council if soch loss, waste or mts- application is a direct consequence of his mgl~tor rniscoduct.

awe to the contrary, ern saPisfied that the loss, commvne panchayat or gross negligence, the o&er so atrthorised shall by an 6rder in writing direct such person to pay to the !village panhayat or commune panchayat council before a fixed da the amount required to be reimbursed to it for such lm, wage or 1 (3) If the amount is not so paid, it shall be recovered in the manner prescribed under section 165 and Jredited to the tmd of the village panchayat or commune panchayat douncil. i i PmviM that no such appeaf shall be entertained by such court unless It is brought within one month from the receipt by the co person of the order of the ofcer authorid under SUB- sdon-@) and the amount chimed has been deposited by him with the village panchayat or commune .panchayat council; 6) The court, after taking such evidence as it- thinks necessary, may cbnfirm, modify or remit such amount and make such order as to costs 8s it thinks proper. 228. Assessagent, etc., not to be Impeached.l-(l) No assessment or demand made, and no charge imposed, under the aathority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake- (a) ih respect of the name, residence, place of business or occupation of any person, or ' I (b) in the description of any prQperty, or thing, or " (c) in respect of the &mount aswswd, dmanded or chw@d : Provided that,-

(i) the provisions of this Act have in substance and effect been complied with, and I (ii) no proceedings under this Act shall, merely for defect " in form, be quashed or set aside by any courT. (2) No wit shall be braught in any court to rmover any sum af money collected under the authority of this Act or to recover damages on account of assessment or dolkction of money made under the said authority : Provided that the provisioas of this Act have in substance and effect Been complied with. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any pesson making the same be deemed a trespasser, on account of any error, defect, or Jtant, of form in the bill, notice of demand, warrant of distraint, Inventory, or other proceeding relating thereto, if the provisiorns of this Act, and of the rules and bye-laws made thereuader have in subsene md &e& been complied with : I I Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him. 3 *229. Public road, markets, wells, tanks,j etc., to be open to all.- All roads, markets, wells, tanks, reservoirs an(d waterways vested in or maintained by a village panchayat or a co mune panchayat council shall be open to the use and enjoyment all persons, irrespective of their caste or creed. 3 I *230. Power to farm out fees.-A age panchayat or a commune panchayat council shall have er to farm out the collection of any fees due to it under this or any rule, bye-law or regulation made thereunder for any pe not exceeding three years at a time, on such conditions as it

*231. Adjudication of disputes betwein local authorities-(1) When a dispute exists between a village anchayat or a commune panchayat council and one or more other ocal authorities in regard to any matter arising under the provisions 4of this Act or any other Act and the Government is of opinion thaq the village panchayat or the commune panchayat council and the other local authorities concerned are unable to settle it amicabl among themselves, the Government may take cognizance of the di !pute, and- (a) decide it itself, or : (b) refer it for inquiry and rep&rt to a joint committee constituted for the pugpose. I (2) The report referred to in cladse (b) of sub-section (1) shall be submitted to the Government whp shall decide &he dlspute in such manner as it deems fit. , 1

I (3) (a) Any decision given under clhuse (a) of sub-section (1) or under sub-section (2) may be modified Fom time to time by the Government in such manner as it deems Ft, and any such decision with the modifications, if any, made the in under this sub-section may be cancelled at any time by the Gov=r rnment. 1 (b) Any such decision or any modification therein or cancellation thereof shall be binding on khe village panchayat, the commune panchayat council and each of /the other local authorities concerned and shall not be liable to be qytioned in any court.

*The section came into force on the 6th day of Jauuary, 1974 vide Extraordinary Gazette No. 11, &ted 17th Jmusdy,f 1974. , - ! .6% *252. Co~ISf#ution of teFiitoFia1 emncil for pamhayats, its fndons, ete.-41) There shall be a territorial council for panchayats (hereinafter referred to as the territorial couneil) consisting of the following members, namely :- (i) the Minister in-charge of the department dealing with panchayat raj in the Union territory ;

(ii) the chairmen af the commune panchayat councils ; (iii) four persons to be nominated by the Government from amongst persons associated with the development of pan&ayatts, of whom one shall be a woman and one shall be a member of the $cheduled Caste ;

(iv) three officers to be nominated by the Government ;

(v) three persons to be nominated by the Government from amongst members of the Legislative Assembly of Pondicherry. (2) The Minister in-charge of the department dealing with panchayatraj in the Union territory shall be the chairman, ex-officio - of the territorial council, (3) There shall be a vice-chairman who shall be elected from amongst the members of the territorial council. (4) The Secretary to the Government in-charge of panchayat raj shall be the secretary to the territorial council. (5) The functions of the territorial council shall be,- (a) to advise the Government on all general questions pertaining to panchayats ; (b) to review the administration of panchayats and to suggest ways of co-ordinating the activities of panchayats ; (c) to watch the progress of measures undertaken by the panchayats in respect of services and development schemes ; (4) to advise the Government on matters concerning the implementation of any provision of law or any order specifically referred by the Government to the territorial council, such as-

*The section came into force on the 26d day of January, 1974 vide \ Extraordinary Gazette No. 11, dated 17th Januao, 1974. I I i (i) classification of markets as dillage panchayat markets and commune panchayat markets and fixibg rates of contribution payable by one authority to the other ; i (ii) classification of fairs and als as village ~ancha~at fair, and village panchayat festival and ~ancha~atfair and commune panchayat festival ; 1 (iii) classification of puWc rcpds (other than roads classified by Government as National Hi hways, State Highways and major district roads) as commune pai&hayat roads and village panchayat roads . i t (6) (a) The meeting of the council may be held as often as may be necessary and the council shall, subject to the provisions of clauses (b) and such rules of procedure in regard to transaction of business at Its meetings as may be prescribed : i Provided that not more than six mobths shall elapse between one meeting of the territorial council and afiother. 01;) The chairman of the territd rial council or its vice- chairman shall preside at a meeting of the: territorial council. (c) All questions at a meeting 'of the territorial council shall be decided by a majority of votes of {the members present and voting and in the case of equality of v'tes, the chairman of the territorial council or in his absence the vi -chairman shall have a second or casting vote : F

Provided that the member of the tbrritorial council, who is an officer of the Government, shall have [right to take part in the discussion, but shall not have a right to !vote at a meeting of the territorial council and shall not be membgr of the said council for any other purposes. *233. General powers of territorial unci1.-For the purpose of etEcieatly performing its functions this Act, the territorial council my- 1, (a) undertake sufh mearum as i/ deems nsesuny ; 4 1 (b) COWsucb data as it deems /necessary ; # *The section ca& into force on the day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Jirnu i I 628 (c) publish statistics or okt iafonnation relatiag to the various aspects of the regulation or dtve1.0pment of the aetivitjm of . commune panchayat councils and village panchayats ; and (d) require any commrine pan&ayat- couy~til or vi8;ttge panchayat to furnish such information as may be required by it in ' relation to thes measures undertaken by that commune panchayat council or village panchayat for the regulation or development of its activities and such other matters as may be prescribed. *234. Annual report.--(I) Thc territorial council shall prepare in such form and at such time as may be prescribed, an annual repprt giving a true and fdi aecouflt of its during the previous year and copies thereof shag1 be fo d%a the Bdvmment; (2) The Government shall caw the repmt to bo &id More &&bgislative Assembly of Pondicherry together with its comments thereon.

*235. Retims, statistics, etc.-The territorial council shall furnish to the Government such returns, statistics and other information with respect to its activities as the Government may, &om time to the, requk. *236. Pwer to @&e rules Chvmnt may make rules of t?re tePritMi& council. . - (2) Without prejudice to the generatify of the famgoiqg power, such rules may provide for all or any of the following matters, namely :-

(a) the allowances of membexs of the territorial coutial ; (b) the matters in respect of which the territorial cokncil may require commune panchayat council or village panchayat to famiis% information ;

(c) the form in which,' and the time with whi~h, tbe annual report of the territorial council may be prepared and for- . warded to the Government ; (d) the returns, statistics and other i~~tisnwhich the teft.ritorial council may be required to his%to ttb Cfovmment ; .

*The saction cam into fOrce an tfie 2& day c5f I-, 1974 vMe Extraordinary Gazette No. 11, dated 17th &&amy, 1974. @& #,$*&-&:" (e) regulating the meetings of the teiritorial council and the procedure for conducting meetings; I I (f) reguiating the manner in which / and the purposes for . which, committees may be appointed;

(g) any other matter which has to b or may be, pacscribed. I CHAPTER-VII i CATTLE-Pms i i *237, Cattle-trespass Act to cease to ap ly to panchayat areas.- The provisions of the Cattle-trespass Act, 1871, (Central Act 1 of 18'71) (hereinafter in this section referred to as the isaid Act) shall cease to apply in relation to the panchayat villages to j which this Act applies :

> P ~iovidedthat- , (a) nothing in this section shall a ect the liability of any person to any penalty under the said Act ;ti I) (b) any appointment, notification,r1 order, rule made or issued or deemed to be made or issued bnder the said Act in respect of any cattle-pounds within the 1 of any panchayat village shall, so far as it is not the provisions of this Act, be, deemed to have been made or issued under this Act, and continue in force until superseded by a@y appointment, notification, order or rule made or issued under thi$ Act ; 1 (c) any cattle-pound in the local areaiestablished or deemed to be established under the said Act shall be jdeemed to be vested in the yillage panchayat within whose limits situated and shall be maintained and managed by the village in accordance with the provisions of this Act. I I Explanation.-For the purposes of thig Chapter 'cattle' means and includes bulls, bullocks, heifers, cows a4d their young, elephants, camels, buffaloes, horses, mares, geldings, p nies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and Lids. I *238. Power to establish cattle-pounds abd appoint pod-keepers.- (1) Notwithstanding anything contained in Y law for tbe time being in force, every village panchayat- within t limits of its jurisdiction *The section came into force, on the of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Janu 6i30 - shd, from time to time, appoint such places as it thinks fit to be public pounds, and may appoint suitable persons to be keepers of such pounds. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the village panchayat. B *239. Duties of pod-keepers.--(I) Every pound-keeper shall maintain such registers and prepare such returns as the Government may from time to time by rules prescribe.

(2) When cattle are brought to a pound, the pound-keeper shall enter in his register- (a) the number and description of the animals ; (b) the day and hour on and at which they were so brought ; (c) the name and residence of the seizer ; and (d) the name and residence of the owner, if known, and shall give the seizer or his agent a copy of the entry.

(3) The pound-keeper shall take charge of, feed and water, the cattle until they are disposed of as hereinafter provided.

*. *240. Impounding cattle.--(I) It shall be the duty of every police officer and it shall be lawful for any panchayat officer or servant authorised by the village panchayat in this behalf to seize and take to any public pound for conhement therein, any qattle faund straying in any street or trespassing upon any private or public property within the panchayat village.

(2) It shall be lawful for. any person who is the owner or who is in-charge of any private or public property to seize and take to any such public pound 'for confinement therein, any cattle trespassing upon such property or causing damage thereto.

(3) Whoever forcibly opposes the seizure of cattle liable to be seized under this section, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take

*The section came into fore on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. I 1 i a them io a pound, shall, on conviction, be pun&led with imprisonment for a term which may extend to six months & with fine which may extend to five hundred rupees, or with both. i i *;241. Dttiv~yof at& -]If the1 owner of cattle which are impounded under section 240 or his agent :appears and claims &uch cattle, the pound-keeper shall deliver them to jhim on payment of the pound-fees and expenses chargeable in res&t of such cattle under sectjon 244. i! 1 *242. Security in respect of inypwnBed ttk.--(1) Every pound- keeper shall, before releasing any impounded require the owner of the impounded cattle or his agent to make, in the form prescribed by rules, a declaration regarding the ownersh$ of such cattle and to deposit by way of security such sum as the Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle. i

(2) If any cattle belonging to such o are again itnpounded within a period of six months from the which the security is deposited, and if the seizure is not adj llegal, the amount of deposit or a part thereof, as may be p by rules, shall stand forfeited to the village panchayat. If not impounded as afottsaid, the amount of security deposit &all, on an application made by or on behalf of the depositer, be 4efunded to him on the expiry of that period. ! a. e *243. Slle of cattle wt cl&md.--(l) if within ten days after any cattle has been impounded, no person a)?fpearing to be the owner of such cattle claims the cattle under section j241 such cattle shall be

forthwith sold by auction. j I 3 (2) If within the period specified or his agent claims the cattle but refuses or fees and the expenses chafgeable under the cattle or as many of them as may be necessary shall

Provided that, if the cattle sef.ti~n(1) or sub-section (2), it manner as the Government may - *The sec4ioh came into fotce on the 2Mt day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.

1 7 I

(3) Th& C%vmrnent may make rules prescribing the mnnea * in nhicfl amtion under Sub*st!ction (1) or subwztim (2) may be held.

(4) The surplus remaining after deducting the pound-fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who within fifieen days after the sale proves to the satisfaction of the executive authority that he was the owner of such cattle and shalg in any other castf, fomr part af the panchtiyrtt fund. (5) No poke officer, or mmber of a viflage patlchayrzt or officer or servant of the village panchayat, including the pound- kmptr, &dl directly ar inatireGtky pa- my cattle at a sale under stzas.sdcm (1) ar sub-&on ('2). *244. Po&-fqs and expenses chargeable to be hxed.--(I) The pound-fee chargeable shall be such as the Goverament may, from time to time, by rules prescribe for each kind of cattle. (2) The expenses chargeable shall be at such rates for such day daring any part of which any cattie is int@oundecf, as the village panchayat may, by bye~laws,fix. *24$. Compdsints ef illegal mbr;a er detentia,--(l) Aay person whase cat& have been seized under this Chapter, or having beea so sai& haw been &tained, in contravention thereof, may, at any time, within ten day8 from the date of -the seizure, make a complaint to such court as may be prescribed,. (2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances of the case. If ths court on examining the cbmplainant or his agent has reason to believe t%& the wmplaiat. is wd fdzmded, he I sbalt sammon the parson camplain& again%t, a& make an inquiry iMo the eaw. (3) If tb seizure or detentibn be aadjudged'itkgal, the ewrt shall award to the cornpainant far the loss caused by the dzuee or detantion reas~blecompensation not exceeding one hundmd mp to be paid by the person who made the seizure or dewiwd tho ' cattle, together with all fees paid and expenses incurred by the complainant is procuring the release of the cattle, and if the cattle have not been released, the court shall, besides awarding such compensation, order their release and direct that the fees and expenses lwiablednrder this Chapter shall be paid to the pemsn wbr, made , the- seizure or detained the cattle. **T&&on came &a furce an the 26th day of J~nuttry, 1974 vide Extraordinary Gazette No. 11, d&td 17th Janmry, 1974. a&

ZM",, . i +, b ! (4) The compensation, fees and expendes mentioned in this section, may be recovered as if they were fibes imposed. by the court. i i 1 CHAPTER-VIII 1

*246. Definitions.-For the purposes of this Chapter,- i ' (a) "panchayat premises" means any1 land or any building or part of a building belonging to a village panphayat or a commune panchayat council and includes,

(i) the garden, grounds and out- ouses, if any, appertaining to such building or part of a building

(ii) any fittings affixed to such or part of a building for the more beneficial enjoyment

(b) "unauthorised occupation", in re ion to any panchayat premises, means the occupation by any pe n of the panchayat premises without authority for such occup , and includes the continuance in occupation by any person o panchayat premises after the authority (whether by way of grant Qr any other mode of transfer) under which he was allowed to oceupy the premises has expired or has been determined for any reason\ whatsoever. 1 *247, Issue of notice to show cause agai/st brder of eviction.- (1) If the commissioner of the commune panbhayat at the instance of the village panchayat or on his own motibn, is of opinion that any persons are in unauthorised occupatio of any panchayat premises and that# they should be evicted, t $e commissioner shall issue in the manner hereinafter provided a n4tice in writing calling upon all persons concerned to show cause whb an order of eviction should not be made. . 1 Z (2) The nptice shall- 1i (a) specify the grounds on which t order of eviction is proposed to be made ; and 1 *The sections came into force on the 12th of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1 (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the panchayat premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof,

(3) The commissioner shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the panchayat premises and in such other manner as may be prescribed, whereupon the notice shall k deemed to have hen duly given to all persons concerned. (4) Where the commissioner knows or has reason to believe that any persons are in occupation of the panchayat premises, then, without prejudice to the provisions of sub~seotion(3), he shall cause a copy of the notice to be ser\ied on every such person in the manner prescribed. *248. Eviction of ~nauthorisedowupants.-41) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 247 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the commissioner is satisfied that the pawhayat premises are in uaauthorised occupation, the commissioner may, on a date to be fiwd for the purpose, ~pakean order of eviction for reasons to be recorded therein, directing that the panchayat premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on tha outer door or some other conspicuous part of the panchayat premises. (2) If any person refuses or fails to comply with the. order of eviction withjn thirty-five days of the date of its publication under sub-section (I), the commissioner or aay other officer duly authoried by the commissioner in this behalf may evict that penan from, and take possession of, the panchayat premises anlfmay, for that purpose, use such force as may be necessary. *249. Disposal of pmperty or pruprty left on pmckayat pr-emises by uaapthbed ocespants.--(l) Where any persons have been evicted from any panchayat premises under section 248 the commissioner may, after giving fourteen days' notice to the person front whom possession of the panchayat premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispe of by public auction any property remaining on such premises.

*The sections came into force on the 26th Qay of January, 1974 vide Extraordinary Gazette No. 11, dated 17th Januery, 1974 I (2) Where any property is sold under3 sub-section (I), the sale proceeds shall, after deducting the expe 'ses of the sale and amount, if any, due to the village panchayat o commune panchayat council on aecount of arrears of rent or dam& es or costs, be paid to such person or persons as may appear to th 1 csmmiesioner to be entitled to the same : a ! Provided that where the kommissioner is u able to decide as to the person or persons to whom the balance of t e amount is payable or as to the apportionment of the same, he ma refer such dispute to the civil court of competent jurisdiction an the decision of the court thereon shall be final. Ii *250. Power to merrent or dqcs4 rrapat of purbayat premises as arrears of land revem.--(l) WheF any person is in arrears of rent payable in respect of any pafichayat premises, the , commissioner may, by an order in writing, require that person to pay the same within swh time and such irlstalments as may be specified in the order. Ii i (2) Where any person is, or has at (any time been, in unauthorised occupation of any panchayat ppredses, the commissioner may, having regztrd to such pridples of ass+ment of damages as may be prescribed, assess the damages on aqount of the use and occupation of such premises and may, by an oqer in writing, require that person to pay the damages within such ti@e and in such instalments as may be specified in the order. 1 (3) No order under sub-section (1) or $b-section (2) shall be made against any person until after the issue bf a notice in writing to the person calling upon him to show ca within such time as may be spcified in the notice why such or hould not be made: and until his objections, if any, and any e support of the same, have been considered I *251. Power of mmmiaaolla.-The conzx&sioner shall, for the purpose of holding any inquiry undm this Chapterl, laave the same pourers as am vested in a civil court under the Code of Civil Btdure, 1808 (Central Act 5 of 1908) when tryiag a su& in ~&~ctof the following matters, namely :-- I1 (a) SU-oning and enforcing the attlndance of any person and examining him on oath ; 1 -- -i *The seetien meinto fore-c on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, 17th lamay, 1174. -

(b) nquiring the discovery and production of documents ; (c) *myother matter which may be pracribed. *252. Appeal.-(I) An appeal shall lie from every order of the commissioner made in respe~t of any panchayat pfemises under section 248 or section 250 to an appellate oflEIcer who shall be the District Judge or any other Judge not below the rank of a Subordinate Judge as may be specified by him in this behalf. (2) An appeal under sub-section (1) sftall be pr~femd- (a) in the case of an ap-1 from an order under section 248 witbin fifteen days from the date of publication of the order under sub-saction (1) of that section; and (b) in the case of an appeal from an order under section 250 within fifteen days from the date on which the order is communicated to the appellant: Provided that the appellate officer may eob-rtain the appeal after the expiry of the said period of fifteen days, if he is satisfied. that the appellant was prevented by su&i~t cause fmm filing the appcal in time. (3) Where an appeal is preferred from an order of the c<~lmissioaer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. . (5) The costs of any appeal uader thjs section shall be in the discretion of the appeUaPe o-r. 253. Fiardity of ~h.--Saveas otherwise apressly pravided in this Chapter, every orcler made by the commissioner or appellate officer under this Chapter shall be final and shall not be called in question in any original suit, application or exscutisn prwgxlings. *254. Offence and penalties.-41) If any person who has been evicted from any paachayat prmriises under this Act amin occupies the premises without authority for such owqmtion, b #&dlbe punishable with imesonment which may extend to one year, or with fine which may extend to om thousand rum, or with both. t *The n came into foace on the 26th day of January, 1974 via2 Extraordinary Gazette No, 11, dated &7th Jmuary, 1974. a37 '9, r .' I 1 i I (2) Any Magistrate convicting a perso4 under sub-section (1) may make an order for evicting that person sbrnmarily and he shall be liable to such eviction without prejudice t any action that may be taken against him under this Act. '! 1 *255. Power to make rules.-(1) The JCovernment may, by notification, make rules generally to provid for or to regulate matters in respect of eviction from pancbya premises to be made under this Act. fi (2) In particular, and without preju4ice to the generality of the foregoing power, such rules may hovide for all or any of the following matters, namely :- I (a) the form of any notice or authorised to be given under this Act and the manner it may be served ; (b) the holding of inquiries under 1his Act ; (c) the procedure to be followed ib taking possession of panchayat premises ; 1 (d) the manner in which damages f$r uaauthorised occupation may be assessed and the principles whith may be taken into account in assessing such damages ; I (e) the manner in which appeals imay be preferred and the procedure to be followed in appeals ; ! (0 any other matter which has to be, or may be, p~escribed. i CHAPTER-IX 1 CIVILAND CRIMINALJUS~ICE Conciliation bard. i 1 **256. Definitions.-In this Chapter, unleh the context otherwise requires,- , (a) "board"' means the conciliati04 board' referred to in sub-section (2) of section 257; (b) "case" means a criminal proce ding in respect of any offence triable by a nyaya panchayat ;

*The section came into force on the of January, 1974 ride Extraordinary Gazette No. 11, dated 17th January *"The section came into force on the of August, 1976 vk'e Extraordinary Gazette NO. 342, dated 29th July,

638

, (c) "dispute" means a dispute in respect of which a civil suit is maintainable in a nyaya panchayat ; \ (d) "nyaya panchayat" means a nyaya panchayat established under this Chapter; (e) "suit" means a civil suit triable by a nyaya paachapt. *257. Constitution of coilciliatbn board.-41) (a) when a suit is instituted in a nyaya panchayat under this Chapter, the person to whom the application in relation to such suit is made under section 306 shall forthwith refer the dispute for attempting conciliation between the parties, to the president of the village panchayat of the panchayat village which is situated within its jurisdiction and within the local limits of which- (i) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and vohntarily resides, or carries on business, or personally works for gain; or

(ii) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides or carries on business, or personally works for gain, provided that in such awe either the leave of the nyaya panchayat is given, or the defendants wbo do not reside or carry on busin~s,or personally work for gain, as aforesaid, acquiesce in suck institution ; or (iii) the cause of actian, wholly or in part, arose. (b) The determination of the panchayat village for the purpose of clause (a) by the person so referring the dispute @hall be final and no appeal or revision shall lie therefrom. Explanation.-In the case of a dissolved or superseded village paachayat the person appointed to perform the functions of the village panchayats shall be deemed to be the president for the purposes of this Chapter. (2) On receipt of such a reference, the president of such village panchayat shall forthwith require the plaintiff and the defendant each to nominate, within fourteen days of such requisition, one or two persons as members of a conciliation board, from amongst

*The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. * . I 8 i persons who are not members of the nyaya ipancfrayat. The members so nominated and the standing meklnberl elected by the village panchayat in accordance with sub-section (3) shall constitute the conciliation board. If the plaintiff or the dkfendant fails to make nomination, conciliation shall be deemed to! have failed. (3) Every village panchayat shall as on as may be after the election of the president or vice-presid at its first meeting elect in the prescribed manner one person be standing member who shall act as president of the board. I *258. Place of proceedings.-The board ay hold its proceeding~in the office of the village panchaya there is one or in any other place within the panchayat village *259. Commencement of proceedings fdr conciliation.-(1) As soon as the board is constituted under se ion 257, the president of the board shall fix the date, time and9' place for hearing the dispute and give notice thereof to the parties /to the dispute allowing them reasonable time for appearance. 4 I (2) Both the parties to the dispute !hall appear before the - board as required by such notice. 1t

1 (3) If due to a vafid reason, a party 40 the dispute is unable to appear before the board as aforesaid, he \shall inform the board on or before the date so fixed of his inabqity to attend and the reason therefor. The board may adjourn or tctrminate the proceedings as it may deem fit. (4) If a party fails to comply with suhh notice, he shall be liable to a fine which may extend to ten rupees and for a subsequent default to a fine which may extend to twenty rupees for each such default. The fine shall be realised in,I the same manner as a fine imposed by the nyaya psnchayat and qhall be credited to the village panchayat fund. 1 (5) The proceedings of the board s411 not be open to the public. i as far as possible ninety days after the te by the pfesident af (7) If no conciliation is effected within ninety days as aforesaid, the conciliation proceedings shall be deemed to have failed.

*260. Witness.-The board shall hear the witnesses who ape produced before it by the parties or appear voluntarily, but it shall not kave the power to summon any witness to appear and give evidence before it; and no evidence shall be recorded in writing. *261. Board not to administer oath.-The board shall have no power to administer oath either to the parties or to their witnesses. *262. Result of conciliation proceedings to be recorded.--(l) On the conclusion or termination of the conciliation proceedings, the result of such proceedings shall be recorded by the board in writing specifying the following particulars, nam~ly:-

(a) the date, time and place of the prowedings ; (b) the names of the parties and their lawful representatives, if any, appearing ; (c) a brief statement of the claim of each party; (d) the dispute and its subject-matter with a brief substance of the evidence let in by the parties; and (e) the settlement, if any : Provided that where no cornpromise' has been arrived at, only items (a), (b) and (c) shall be mentioned as also the fact of the failure to arrive at a compromise. (2) The proceedings recorded under sub-section (1) shall be read out to the parties or given to them for reading and the fact that the same have been admitted by the parties to be correct, shall be noted thereon. The said proceedings shall then be signed by all the members of the board and the parties to the dispute and the president of the board shall forthwith forward the record of the said proceedings to the president of the nyaya pancbayet, *263. Maintenance of register of conciliation proceedings.-(I) The president referred to in section 257 shall cause to be main- tamed a register of the conciliation proceedings shaving the particulars- specified in' section 262. *The section came into force on the 1st day of &~gwt. 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. 1

1 / (2) The parties or their lawful rhpresentatives shall, on application, be entitled to a copy of the stid proceedings on payment of one rupee for each copy. Every, copy so supplied shaH bear the name of the applicant, the date of kpplication and the date of.supply thereof and shall be attested by th 9 president of the board. *264. Execution of settlement.-41) the settlement effected by the board shall have effect as if it wete a decree or order of the nyaya panchayat or of a competent tourt. (2) The nayaya panchayat or the cdurt, to which the settlement of the board is sent for execution, ;shall intimate the result of the execution to the president referredj to in section 257 who ' shall thereupon enter such result in the rpgister maintained under section 263. 4 ! (3) Notwithstanding anything in the1 law relating to registration of documents for the time being in farce, the settlement made under section 262 shall not be liable to rdgistration. "265. Secrecy of proceedings.-No 4mber of the board or its president shall disclose to any person, c urt or authority anything which has come to his knowledge in t ae course of conciliation proceedings nor shall he be compelled b ' any court or authority to answer any question relating to such proceedings. i Nyaya pawhayat 1 *266. Establishment of nyaya panchay4t.-Subject to such rules as may be prescribed, the Government m$y, for the administration of civil and criminal justice, by notificgtion, establish a nyaya . panchayat for every commune panchayat i *267. Constitution of nyaya panchayad-~very nyaya panchayat shall consist of the following members, n/mely :- (a) three members to be nom in the prescribed manner by the commune panchayat among the following, namely :- 1 (i) the members of the village *hayat other than the president thereof, or i (ii) other persons residing in who are not disqualified to be members of the village i *The section came into force on the of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July,

1 I @G A&. - (b) one member representing the Scheduled Castes and one woman member representing women, to be nominated in the prescribed manner, by the commune panchayat council from among the following narqely :- (i) the members of the Scheduled Castes or the women members, as the case, may be, of allsthe village panchayats in such commune panchayat ; (ii) other persons belonging to the Scheduled Castes, or women, as the case may be, residing in any village in such commune panchayd, who are not disqualified to be members of a village panchayat.

Explanah.-The supersession or dissolution of a village panchayat shall not by itself be deemed to disqualify a member of the nyaya panchayat who was a member of such superseded or dissolved village panchayat from continuing to be the member of the nyaya panchayat.

*268. Term of office of members of nyaya panehayat.-(1) Save as otherwise provided in this Chapter, the tern of office of members of a nyaya panchayat shall be three years commencitlg from the date on which its president is elected under section 269. (2) The term of office of the outgoing members shall be deemed to extend to or expire with the day immediately preceding the date on which the president of the re-constituted nyaya panchayat is elected.

(3) Ordinary vacancies and casual vacancies in the office of members of a nyaya panchayat shalt be fined in accordance with the provisions of section 267. A member nominated in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is nominated would have been entitled to hold office if the vacancy had not occurred.

*269. Election of president and vic81prddent of nyaya panckgat.- As soon as may be after the nomination of the members under section 267 and subject to such rules as may be made in this behalf, the members of the nyaya panchayd shalf, at a meeting convened for the purpose, elect from amongst themselves, one person to be president and one other to be vice-presidenl of the nyaya panchayat.

*The section came into fa= on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. "270. Resignation of a member, vice-presqent or president.-(1) A member or the vice-president of a nyaya panchayat may resign his office by giving notice in writing to t& president thereof and such resignation shall take effect on the date!on which it is received by the president. (2) The pfesident of a nyaya pa hayat may resign his aftice by giving notice in writing to the %yea panchayat. Such resignation shall take effect from the datei on which it is placed. before a meeting of the nyaya panchayat. ! (3) If the president is absent from ihe village or is incapacitated by reason of serious illness or otherw$e, the notice in writing, referred to in sub-section (1) may be given it0 the nyaya panchayat and such resignation shall take effect frod the date on which it is placed before the meeting of the nyaya panchayat. *271. Suspension or removal of presidebt or vice-president or a member of a nyaya panehayat.-41) The S bordinate Judge having jurisdiction, may suspend or remove from ?ogce, the president, the vice-president or a member of a nyaya Panchayat for incapacity, neglect of duty or misconduct : I Provided that no such order shall Oe passed without giving the person concerned an opportunity for daking a representation. (2) From every order of suspensio or removal, an appeal may be preferred within one month to e District and Sessions @ Judge whose decision thereon shall be I (3) If the person suspended or remdved under sub-section (I) is a member of a village panchayat, such suspension or removal shall not by itself disqualify him from codtinuing to be a member of the village panchayat. I

' (4) A person removed from a panchayat under sub- section (1) shall not be eligible for as a member of the nyaya panchayat for a period from the date of the removal. 272. Seal of nyaya pamhnyat.-~ver~ nyaya panchayat shall have a seal of such form and dimensions! as may be prescribed. I 273. Coltduct of business of nyaya p/amehaw.--(l) The nyaya panchayat shall, in regard to the condu t of its business, follow such rules as may be prescribed. !

*The section came into force on the 1 of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, (2) Evidence given orally before a nyaya panchayat shall be on oath or solemn affirmation and brief memorandum of the substance of what each person deposes shall be written and kept as part of the record in the. prescribed manner. (3) Save as otherwise provided in this Act or the rules made thereunder, the provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872), the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), and the Code of Civil Procedure, 1908 (Central Act 5 of 1W8) shall not apply to the proceedings of a nyaya pancheyat. I $274. Presidency at mee- of nyaya pp~chayat.-Every nyaya panchayat shall be presided over by the president in his absense by the vice-president and in the absence of both the presidens and vice-president, by a member chosen by the nyaya pmchayat to preside for the occasion. *275. Quorum and dedsions at the sittiAgs of nyaya pandayat,- Three members of the nyaya pancfiayat shall constitute a quorum for a sitting of the nyaya panchayat and the decision of the majority I present shall be the decision of the nyaya panchayat. *276. Nyaya panchayat to have exclusive civil and crimiaal jurisdiction.-Notwithstanding anything in the Code of Criminal Prdure, 1898, (Central Act 5 of 1898), or the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or any law for the time beiag in force relating to suits or applications cognizable by revenue muas, and subject to .the provisions of this Act, a nyaya panchayat shall hove exclusive jurisdiction for trial of such suits as are specified in section 277 and of such offences as are specified in section 296. I Civil jurisdiction I "277. Saits cognizable by nyaya p&ayat.--(l) The Govern- ment my, by order notified in the Ofjticial Gazette, empower a ngaya panchayat with eEect from such date as may be specified therein, to take cognizance of any suit of the folZowing clescrjptiw, if its value does not exceed two hundred and fifty rupees, namely:- (a) save as otherwise provided in clause (g), a suit for the recovery of money due on contract other than a contract in respect of immovable property; (b) a suit for the recovery of movable property or for the value of such property;

*The section came into force on the 1st day of August, 1936 vide Extraordinary Gazette No. 342, dated 29th July, 1976. I 1 ! , (c) a suit for compensation for wrohgfully taking or injuring Movable property ; \ I (d) a suit for damage caused by i cattle-trespass; (e) a suit for the payment of a tbx, fee or other amount due to a village panchayat or commune payhayat council; I (f) a suit for the refund of a t'x, fee or other amount due from a village panchayat or commune panehayat council; and (g) a suit for rent due from ank immovable property. (2) Suits relating to easements othed than riparian easements shall also be cognizable by a nyaya panchkyat.

*278. Sdts not cognizable by a nyqa panchayat.-A nyaya panchayat shall have no jurisdiction to take icognizance of the following suits, namely :- 1 (i) a suit for a balance of pahership account, unless the balance has been struck by the parties jor their agents ;

I (ii) a suit for a share or part of ai share under an intestacy or for a legacy or part of a legacy unded a will; 8 (iii) a suit by or against any dtate Government or the Central Government, or a public servant for acts done in his official capacity ; , (iv) a suit by or against a minor! or a person of unsound mind ; i

(v) a suit on account of any disbute or matter other than a suit referred to in clause (g) of sub-s ction (1) of section 277 in respect of which any suit or applica on would be cognizable by a revenue court. t

*279. Compromise of is proved to its satisfaction that a suit has been olly or in part by oath or by any lawful agreement, the nyaya panchayat shall order such or satisfaction to be recorded and shall pass a decreej in accordance therewith so far as it relates to the suit: 1 *The section came into force on the 1s day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. II

4 I j e 646

--*A Provided that when a nyaya panchayat does not pass a decree in accordance with the agreement, compromise or satisfaction under this section, it shall record its reasons in writing.

*280. The nyaya panchayat in which a snit 36 to be WH.- very suit cognizable by a nyaya panchayat shall be instituted in the nyaya panchayat within the local limits of which-

(a) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one at the time of the commencement of the suit, actually and voluntarily resides, or carries on business or personally worb for gain, provided that in such case either the leave of the nyaya paachayat is given or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution ; or

b~xplruration.-~here a person has a permanent dwelling at oBe place and also temporary residence at another place, he shall be deemed to reside at both places in respect cof any cause of action arising at the place where he has such temporary residence.

"281. Suib to include the whole claim.-41) Every suit instituted before a nyaya panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his Jaim in order to bring the suit within the jurisdiction of the nyaya panchayat.

1) (2) If a plaintiff intentionally omits to sue in respect of, or relinquishes any portion of, his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

*282. Commencement of proceedings in a snit before a nyaya panehayat.-The proceedings in relation to a suit instituted in a nyaya panchayat shall commence only when the record of the conciliation proceedings received under sub-section (2) of section 262 shows that the conciliation proceedings in respect of the dispute have failed. --- * Thc section came into force on the 1st day of August, 2976 pide Extraordinary. Gazette No. 342, dated 29th July, 1976. $283. Incidental determinatbn of matters1 inot cognizable by &yay& panohayat,-If, in the decision of a suit Icogni~able by a nyaya panchayat it becomes necessary to decide inpidentally any matter in dispute between the parties to the suit, ng title to immovable property or the legal character of eithe , or of those under whom they claim, or the existence of ontract or obligation, which if it had been the immediate subj ter of the suit, would not be cognizable under this Act by a panchayat, it shall be competent to the nyaya panchayat to such question of title, legal charactet, contract or obligstion may be necessary for the determination of such suit, b cision shall not be evidence of such title, legal character, obligation in any other action though between the same partie$ or their representatives.

*2U. Appearma in pmn Or by &xgeat/--No legal practitioner, whether qualified or unqualified shali be lowed to appear before a nyaya pandayat on behaif of any par y to a suit but any party may abthorise a servant, gumastha, partrjer,7 relation or friend to appear and plead for him: 1J

Provided that it shall Be competent to the nyaya panchayat whenever it deems it necessary for the ends of justice, to order the personal attendance of any of the parties? to the suit and it the @rty so ordered does not attend in person he shall be subject to the same consequences as if he did not a ear either in person or by an agent. 3i 1

"285. Egeniptlon of ceRaiA pms personal appearance in @ifs.-Wolnen, who according to the and manners of the couiltry, ought not to be ~ompdledto abpear in public, persons exempted fiwh personal appearance in court~a~datly person who, by reason of sickness or bodily infirmity cannbt attend without serious inconvenienoe, shall be exempt from perbond appearance bere a nyaya panchayat in any suit, but when tbe evidence of any such person is necessary, the nyaya panchayat sFall examine such person at his or her residence. j

'286. Ltmitat8on.-The provisions of e Limitation Act, 1963 (Cttntral A& 38 of 1963) shall apply to sui iI s cognizable by a nyaya W&P i panchayat %&isAct. -- *The -section came into force on the 1 day of Amst, 1976 vide EMraordi* GUclfc No. 342, dMd 29th July, $16. I -

*287. Death cd parties,--(I) If a plaintiff or a defendant dies before decree Is passed in the suit, tbname, of bis legal representative mybe entered in his place on the rectjrd, on the appkcatim of the opposite party or of whlegal representative, but no decree 3hall be passed against the legal representative of a deceased defendant beyond the value of the assets derived from him and not duly accounted for.

(2) If no such application be made within sixty days fram the ,date of the death of the plaintiff or defedant, the suit shalj be dismissed, and no fresh suit shall be allowed to be brought on the same cause of action. * I (3) If there be more plaintiffs or defendants than one, and any of them dies and his representative is not joined as aforesaid, the suit shall proceed at the instance of the surviving plaintiff or glaintiffs, or against the surviving defendant or defendants. (4) If a decree-holder dies before: the decree has been fdiy executed, his legal representative may apply to the nyaya prtnchayat to substitute his name as the decree-holder in the place of the deceased, and if the nyaya panchayat be satisfied, after giving notice to the judgment-debtor, that the applicant is the legal representative of the deceased, it shall substitute his name on the record as the decree-holder.

(5) If a judgment-debtor dies before the decree has been fully executed, it may be executed on the application of the decree-holder against the legal representative of the judgment-debtor, to the extent of assets derived from him and not duly accounted for. "288. Nyaya panchayat may transfer certain suits to Judicial 0fRcers.-If at any stage of the proceedings relating to a suit, it appears to rhe nyaya panchayat tkat the suit involves decision of complicated issues of law or facts which shouid be decided by a Judicial Officer, it may refer the matter to the Subordinate Judge mder whose jurisdiction a nyaya3pan&agat is sitittrated fa traderring the suit to the District Munsif having jurisdiction to try the same.

*289. Tmnsfet. of certain s&.-41) On the appiication of aay of the parties to the suit and after notiae to the parties or of its om motion, the Subordinate Judge under whose jurisdiction a nyaya pawhayat is situated, may, at any sta@e, transfer any suit pending before .a npya paachayat to py other ayayi.1, pa&ayat or to a competent District Munsif within his jurisdiction.

*The section cam into form on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, Wed 29th My, 1976. (2) Where, however, a nyaya panehay& is dissolved and no new nyaya panchayat s immediately constitutdd in lieu thereof, the Subordinate Judge shai 1 transfer all suits an4 proceedings pending before such nyaya panchayat to any other 1 nyaya panchayat or District Munsif, as the case may be, within hi4 jurisdiction. 1 *290. On conclusion of hearing, nysyh panchayat to pass decree.-When the parties or their agents havj been heard, and the evidence on both sides considered, the nyayal panchayat shall pass such decree as may seem just, equitable a& according to good conscience. 1

*291. Contents of shall contain the number of the suit, the names of particulars of the claim, the names titles of the exhibits read, the It shall specify the sum of money adjusted, th$ movable property 8 be delivered, the sum to be paid in default of delivery and the amount of costs and by what parties and in what proportions such costs shall be paid. I i u (2) The decree shall be dated on thd day on which it is passed, and signed by the members of the nyay panchayat concurring therewith. A copy of the decree shall then t be delivered to each 4 party in the prescribed manner. I -292. Dsne may award interest or order payment by instal- merits.-(1) In suits for money the nyaya ibanchayat may decree interest on the sum decreed not exceeding sid per cent per annum from the date of suit till the date of payment. (2) When a nyaya panchayat decrees the payment of a sum of money, it may direct that it be gaid by instal@nts, without interest or with interest not exceeding the above rate.

*293. Satisfaction of decree to be reoorded.LIf on the application of the decree-holder or the judgment-debtori the nyaya panchayat which passed the decree finds after inquiry thdt the decree has been satisfied wholly or in part, the nyaya panchaydt shall record the fact in the prescribed register of suits. *294. Execution of decree.-A decree or I an order passed by a nyaya panchayat shall be executed* in such /manner an may be prescribed : 1 *The section came into force on the 1st Bay of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1974. Provided that no immovable property shall be distrain4 or sold in the execution of any such decree or order. *295. Appeal.--(I) An appeal shdl lie to the Subordinate Judge having jurisdiction from any decree, or such order as may be prescribed, of a nyaya panchayat within sinty days from the date of such ' decree or order.

(2) Pending disposal of sach appeal, the Subordinate Judge may stay execution of such decree or order or the trial of the suit, as the case may be. (3) The decision of the Subordinate Judge on any such appeal shall be final.

Criminat jurisdiction. "296, Nyaya panchayat to take cog~~ialllceof Pad try eert~~fn offences.-41) The Government may, by order notified in the Official Gazette, empower a nyaya panchayat with effect from such date as may be specified therein, to take cognizance of, and try, any of the following offences, when committed within the local limits of its jurisdiction, namely :-

(a) offences punishable under sections 160, 277, 283, 290, 323, 334, 352, 358, 504 and 510 of the Indian Penal Code (Central Act 45 of 1860); (b) offences punishable under section 379 of the Indian Penal Code (Central Act 45 of 1860) in respect of property not exceeding ten rupees in value ;

(c) offences punishable under section 426 of the Indian Penal Code (Central Act 45 of 1860) when the loss or damage caused thereby does not exceed ten rupees ; (d) complaints of illegal seizure or detention of cattle and other offences punishable under Chapter VII : Provided that the compensation that may be awarded by a nyaya panchayat shall not exceed twenty-five rupees ; * - (e) offences punishable under this Act ;

'The section came into foree on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. (f) any other offence under the Penal Code or any special or local law which is fine only or 'with imprisonment for a term not only or with both which the Govmment may, in this behalf : Provided that in respect of offences me dtioned in clauses (b) and (c), the Government may extend the jutisdiction of a nyaya panchayat to cases where the .value of the p/roperty stolen or the loss or damage caused does not exceed twenty fupees. Explanation.-41) The offences mentioned n this section iqclude abetments of such offences. 1 i (2) (a) If a nyaya panchayat finds an adcused person guilty of any of the above offences specified in sub-sectibn (I), it may impose on him- 1

(i) a fine not exceeding ten rup es in respect of an offence under section 510 of the Indian Penal ode (Central Act 45 of 1860); and ! I (ii) a fine not exceeding fifteen ru ees in respect of any of the other offences :

Provided that in case of conviction for an okence under clauses (b) and (c) of sub-section (I), the fine may extend 'to twice the value of the property stolen or the amount of the loss br damage caused. (b) No sentence of imprisonmeat dhether substantive or in default of fine shall be inflicted by a nyayaipaachayat. (3) The nyaya panchayat may allow $ reasonable time for the payment of the fine, or may order that !he fine shall be paid by instalments ; but if the fine is not paid @s directed, the nyaya panchayat shall recover it in the same manner jas if it were a decree passed by the nyaya panchayat. If in any dase it appears to the nyaya panchayat that the fine imposed calbnot be recovered as aforesaid, it shall submit the case to the ~a~i4trateof the first class having jurisdiction, who may award such terb of imprisonment as is authorised by law in case of such default :I 1 Provided that the term so awarded sh4ll in no case exceed 4 one week. I (4) Subject to sgch rules this Walf, the procedure to .be criminal trials shall be as follows :- I i (a) Evidence given orany before a Ilryaya panchayat shall be on oath or sobrnn affirmation and a brief memorandum of the substance of what each witness deposes shall be writan aad kept as p~rtof the recod in the prescribed mmntw. (b) It shall not be necessary to frame a formal charge; but it shall enter in the prescribed register the following particulars, namely :- (i) the serial number ; (ii) the date of the commission of the offence ; (iii) the date of the report or complaint ; (iv) the names, parentage and residences of the wmplai- nant, the accused and the witnesses examined ; (v) the offence complained of and offence, if any, proved, and in cases coming under clauses (b) and (c) of sub-section (11, the value of the property stolen or the amount of loss or damage caused ; (vi) the plea of the accused and his statement, if any ; (vii) the finding and in the case of conviction a brief statement of the reasons therefor ; (vliii) the amount of fine imposcd ; (ix) the date on which the proceedings terminated. (5) Save as otherwise provided by rules made in this behalf, no legal practitioner, whether qualified or unqualified, be allowed to appmr eitk for the wmptain~ntor for the acculsed. (6) If at any stage of the pmctmlings, it appears to the nyaya panchayat that the case is one which ought to be tried by a Magistrate or if at the clese of a trial, the nyaya panchayat is of the opinion that the accused is guilty and that he ought to receive a punishment different in kind from, or more severe than, that which it is empowered to inflict, it shall submit the. case to the District Magistrate having jurisdiction who may transfer the case to the court of a Magistrate subordinate to him. (7) (a) The Sessions Judge or the District Magistrate having jurisdiction, may whenever he considers it necessary in the interests of justice, transfer any case pending before a nyaya panchayat to the court of any Magistrate subordinate to him or to any other nyaya panchayat within his jurisdiction. (b) Where however a nyaya panchay4 is dissolved and no new nyaya panchayat is constituted Judge or the District Magistrate having criminal cases and proceedings before court [of any Magistrate subordinate to panchayat within his jurisdiction. I (8) No appeal shall lie against any sen nce or order passed by a nyaya panchayat under this section, but ge Sessions Judge or the District Magistrate having jurisdiction, may !set aside any conviction on the ground of illegality, impropriqy, corruption, gross partiality, or misconduct on the part of the ny$ya panchayat, or on the ground that there has been a gross miscarriege of justice. 1 1 (9) Notwithstanding anything in th de of Criminal Procedure, 1898 (Central Act 5 of 1898), if a laint of an offence cognizable by a nyaya panchayat is made to istrate, he shall, instead of taking cognizance of such offence, the complainant to present the complaint to the nyaya pa t within whose jurisdiction the offence was committed. I *297. Certain persons accllsed of theft no4 to be tried by the nyaya pawhayat.-No nyaya panchayat shall take cognizance of any offence of theft in which the accused- ! (a) has been previously convicted with imprisonment of either description for a term of three years or mP re, or (b) has been previously fined by any byaya panchayat ; or (c) has been bound over to be of: good behaviour in proceedings instituted under section 109 or section 110 of the Code of Criminal Procedure, 1898 (Central Act 5 of 11898).

I *298. Compounding of dfences.-The offdnces cognizable by a nyaya panchayat and punishable under sectio of the Indian Penal Code (Central Act 45 of 1860) specified in the firs two columns 1 and in 2 in Schedule XI may be com~undedby tHet persons mentioned in the column 3 of the said Schedule. f d '299. Compensation to mmpI.inant, ete.hn imposing any fine, the nyaya panchayat may direct that the hob or any portion of the fine recovered shall be applied,- 1 *Tht -tion came into force on the 1st day of] August, 1976 vide Extraordinary Gazette No. 342, dated 29th Jnly, 1976.1 1 (a) towards defraying the expenses properly incurred in the case by the complainant; or I1 (b) in giving compensation to a person for any material lass or damage caused to him by reason of the commission of the offcnce. *300. Compensation to accused for false or frivolous case.-If a nyaya panchayat is satisfied, after inquiry that a case brought before it is false, frivolous or vexatious, it may order the complainant to pay to the accused such compensation, not exceeding fifty as it thinks fit: Provided that no such order shalt be 13, unless the complai- I nant is given a reasonable opportunity b show cause against it. *301. Conviction by a nyap pnncbayat not a pevhsconviction.- A conviction by a nayaya panchayat under this Act shall not be deemed to be a previom conviction for the purposes of section 75 of the Indian Penal Code (Central Act 45 of 1860). *302. Inquiry By a nyaya panchayat under section 202, Code of Crimbd , 1898.-A Magistrate may direct an inquiry to be made un* section 202 of the Code of Criminal Procedure, 1898 (Cent& Act 5 of 18981, by a nyaya panchayat in any case in which tjhe offence is committed within the territorial jurisdiction of such nyaya panchayat and the nyaya panchayat shall inquire into the case and submit its report to the said Magistrate. "303. Yoathful offendeb.--Instead of passing a sentence, the npya panchayat may discharge after due admonition a youthful offender who in the opinion of such nyaya panchayat is, at the time of conviction for the offence, under the age of sixteen years.

*304. Order to maintain wives rpd children.-(1) If any person within the jurisdiction of a nyaya panchayat, having sufficient means neglects or refuses to maintain his wife or bis legitimate or Illegiti- mate child unable to maintain itself, the nyoya pa~chayat may, upon proof of such neglect or refusal, o@ct such person to make a monthly allowance for the maintenance of his wife or child at such monthly rate, not exceeding twenty-five rups in the aggregate, as the nyaya panchayat thinks fit and to pay the same to such person as the nyaya panchayat, from time to time, directs. f (2) Such allowance shall be payable fp.om the date of the order, or if so ordered, from the date of application for maintenance. w. *The section came into farce on tbe 1st &a of &u$W, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1971. (3) If any person so ordered fails hout sufficient cause to comply with the order, the nyaya may recover the amount due in the manner provided in (3) of section 296, and may also sentence such or any part of each months' allowance remaining which may extend to ten rupees. i (4) The provisions of sections 488, 4489 and 4!20 of the Code of Criminal Procedure, 1898 (Central ct 5 of 1898) shall, as far as may be, apply to the proceedings nder this section. 1

*305. Res-judicata and pending suits and bases.-(1) NO nyaya panchayat shall try any suit in respect of jany matter which is pending for decision in or has been heard an decided by a court of competent jurisdiction in a former suit bet een the same parties or those under whom they claim. f i 1 (2) Where a case is pending in any cohrt against an accused person in respect of any offence or where a accused person has been tried for any offence, no nyaya panchaya!l' shall take cognizance of any such offence or on the same facts, r of any other offence of which the accused might have been charged or convicted. 1 *306. Institution of suits and cases.-(1) y person who wishes to institute a suit or case under this Act bef e a nyaya panchayat shall make an application orally or in writin% to the president of the nyaya panchayat, or during his absencq from the commune panchayat or when he is incapacitated by reason of serious illness or otherwise from receiving application, to 'the vice-president of the nyaya panchayat, or in the absence of b th the president and vice-president from the commune panchayat (4 when both of them are incapacitated by serious iIlness or otherwjse from receiving the application, to such other member of the n aya panchayat as the president of the nyaya panchayat may appoi", t in this behalf and shall, at the same time pay, the prescribed fee. j (2) Where a suit or case is iasti rally the president, 'vice-president or member to whom the ion is made shall, without delay, record the prescribed part and shall take the signature of the applicant thereon.

i - - --

I (3) S*ject b the pravisions af section 284 the wsident or in his absence the vice-prddent or In the abs*ew af MI the oth& mmbr mentioned in sub-scxtion (1) shall fix a dabk f~ the first Wing of such a*catian a& gve due wtiw tbd to the applioant and to the members of tbe nyaya panohayat. (4) The nyaya panchayat shall cavse the par&cuZ;lrs of every I appficatian, written tx wal, made ua&r tbie wtim 40 to bsn ia a te&& to be kept for that putpo~. . *307,--S- to be to the $a: or wcwaL--Tb nyaya panchayat, after hearing the application, shall cause a wr&tan summons in the prescribed form tr, be served io tk lX%s~:ribe$ manner on the defendant or the accused, as the case may be, mquirSag him to attend andl rodum his evidence at suc3r time and plam as may be stated in tR e sum~nsand shiall, at the ssm0 tiale, direct the plaintiff or the eomptainant to attend and pmdw 4 his evidene at such time and phe : Provided that the nyaya ppamhayat may, for reasons to be rewrded in writing, after hearing the application ahd exarnining the plaintiff or the complainant, refuse to issue summons and dismiss I' the suit or complaint. *308. Disposal of suits turd caws ip abnm 9f pPrty .- (1) If the plaintiff or complainant fails to appear, after having been informed of the time and place fixed for the hearin& ttb nyaw i petn~hayat may hear and decide the suit or case in his ;fB%?rltx, (2). The nyaya panchayat may hear and decide a suit or ease in the absence of the defendant or the accused, if a summons has been served upon him or if he has been informed of the time and place fixed for hearing : Provided that no sentence shall bc passed by a nyaya panehayat , on any accused, unless he has appeaped, either in person sr by a repmtativc, before the nyaya paneliayat and the substance of his statement has been recorded in the prescribed register.

(3) If, after the service of summms upon him, an accused I fails to appear, either in person or by a representative, the nyaya panchayat may apply to the Sessions Judge or to any ~BCCJ:not below the rank of a Magistrate of the first class authorjsed by the Sessions Judge in this behalf, and such Sessions Jvdge of officer &all compel the accused to appear in ponor 'by his representative befare: the nyaya panehayat as 'if he were a court trying the caw. -.. - saction camc into force OD the 1st day of AugW I976 vide Extraordinary Gazette No. 342, &twi 2% JuSy, 1W6. (4) Where an accused person (31, been compelled to appear before the YaYa panchayat shall forthwith take his s his attendance at the hearing of the case *309. Issue of summons to witnesses.i--(l) Subject to such rules as may be prescribed, a nyaya pa hayat may, if it con- I siders the evidence of, or production of a d cument by, any person I necessary in a suit cx case, 'issue and cau e to be served in the prescribed manner a summons in the prescrifjedt form on such person to compel his attendance .or to produce o cause the production of such document and such person shall be bound to comply with the directions contained in the summons. 4 3' 0 I (2) If any person, who is summoned: by a nyaya panchayat to appear to give evidence or to produce y document before it, wilfully disobeys such summons, the nyaya anchayat may make a complaint to the Magistrate having jurisdicti"g n and the said person shall be punishable with fine which may ext4nd to twenty rupees. 1 I (3) No nyaya evidence or to disclose any be permitted to give or of the Indian Evidence I law for the time I *310. Assistame of police to the n aya panchayat.-Every police officer functioning within the jurisdicti dn of a nyaya panchayat sh$l be bound to assist the nyaya panchayat in the exercise of its lawful authority. I I *311. Fresh hearing of pending suits, etc', if more than one-half of members vacate office.-Where, at any tibe, more than one- half of the total number of members of a qyaya panchayat vacate office and are suceeded by new ,members, isuch nyaya panchayat shall hear and dispose of all suits, cases a4d proceedings pending at that time : i Provided that the hearing of such suits, cases and proceedings shall commence anew as if they were institi ted before such nyaya panchayat. 1 "312. Nyaya pancbayat not to revise or alter its decision.-(1) Except as provided in sub-sectiop (2), a nyay panchayat shall have no power to cancel, revise ar alter any decree,r or order passed by it *The section came into force on the 1st of August, 1976 vide Extraordinary Gazette No. 342, dated 29th Jury, 1 (2) On an application made within one month from thi date of the dtxree or order of the nyaya panchayat, Ctre nya@ panchayat, may, for sufficient reasons to be recorded in writins restore any suit which has been dismissed for default or in which an ex patte decree has been passed against the defendant. *313. Right of an arrested person to be defended by a practitioner.-Notwithstanding anything contained in section 284 or sub-section (5) of section 296, a person amted shall have the right to consult and be defended by a legal practitioner of his own choice. "314. Applicability of certain sectiens of the Code of Criminal Procedure, 1898, to nyaya pancbayat.-The provisions of sections 403, 476, 476-A, and 476-8 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) shall apply to a nyaya panchayat. *315. Power of Government to dissolve a nyaya gancbayat.- (1) If, in the opinion of the Government, a nyaya panchayat is not competent to perform or persistently makes default in performing the functions imposed on it by law or exceeds or abuses its power, it may, by notification, dissolve the nyaya panchayat with effect from such date as may be specified therein, but a new nyaya panchayat shall be established in lied thereof, within a period of six months from the date of such edissolution : Provided that the Government may, for reasons to be recorded in writing, postpone the establishment of the new nyaya panchayat for a further period; so however that the interval between the - dissolution and the establishment aforesaid shall not exceed one year. (2) On the date fixed for the dissolution of the nyaya pawhayat under sub-section (I), all its members including the president and vice-president shall forthwith be deemed to have vacated their offices. (3) Before publishing a notification under sub-section (I), the Government shall communicate to the nyaya panchayat the grounds on which it proposes to dissolve the n y a y a panchayat, fix a reasonable period for the njlaya panchayat to show cause against such proposal and consider its explanations and objections, if any. "316. Appointment and functions of the secretary of nyaya panehayat.-41) The commissioner shall function as secretary of the nyaya panchayat in addition to his normal duties.

*The section came into force po the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 1976. / (2) The commissioner shall have ke right to attend the sit&ags &f the nyaya panchayat, but shlli not haye the right to intervene or to vote. 1 -

may, by notification, make rules for- i 1 (i) regulating the co~lduetof the bisiness before the board; (ii) regulating the control to be ei ercised over the board; (iii) the appointment of ofticerr aid servants required for the purposes of a nyaya panchayat; I I

, (iv) the apportionment of the el penditure of a nyaya pawhayat among the village panchayats in be commune panchayat; (v) the receipt and 'custody of all / documents and remrds by or on behalf of nyaya panchayats and; the grant of copies of decrees and other records ; ' (vi) the fee payable on the institutibn of suits and yses; (vii) the levy of fees for the service f process, the exwution of decrees and the grant of decrees ; i (viii) any other matter which is ecessary to give effect I to the provisions of this Chapter. II I ! I I i I CHAPTER-X

I" Rules. 1 *318. Power of Govemme~tto make i leg.-(1) The Govern- ment shall, in addition to the nrle-makia wers conferred on it by any other provisions contained in this rules generally to carry out ths purposes - *The section came into force on the bt d2 of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July, 19 6. h r1 -- 'P

(2) in particular, ad without prejju.eiic?o te the generality af kite fomgohg power, each rules may prov3& fsr all ar any d the f~bwi-otmattors, narztelg :- fi) the principles to be followed in regard to the exclusion of any logal area from, or the inclusion of any local area in, a gmchayat village under sub-section42) of section 3; (ii) all matters relating to electoral rolls or elections, ndt exprasIy provided for in this Act, including the mnduct of inquiries and the decision of disputes retating to electoral ro3s or efections; fiii) the period within which a commune panchayat council may co-opt women and members of the Scheduled Castes uader Ule, proviso to sub-section (1) of section 9 and the manner of filling vacancies if no women or members of the Scheduled Castes is co-opted; fiv) the determination of the popttfation fm the purposes bf this Act; (v) the interpellation d the chakrman -ttnd Yice&haima - by the members of a commune panchayat council and of the president of a village pandkyat by the members of the village prwchayat ern4 EM moving of resoiutions at meeting8 ; (vi) the constitution of committees of the commnne panchayat councils and of village panchayats, the indusian ofout- siders therein and the delegation of functions to such committees; fvii) the pzocedum to b fohed at mdsgs of the co~munepanchayat councifs and aQ ~~rn&kes d aa$ for the conduct of business and the number which shall form a quorum 8% atny B3mtitlg; (I&) the das16iWbn of molutiorlsr of -&am as ttrw i~vQ1ving&&a1 implidoins or zfthcrwise md for 'layi~g down the proportion of the sanctioned strength of panchayutt with whose support such resolutim shall be carried; (ix)r the powers pf the coasmune panchayat cowdB 'tts chai~ma~and Committees thereof with respect to tb in&* of expenditure and the powefi and duties of the cod*~nas; (x) the travelling and other allowances of *the chairman, %cre-chaimm and other membclrs of the cdmmune panchayat eouneil ad of mbrs of the committees of the commune panayat council ;

" a .'".+' -e"k %-' 7 (xi) the delegation of any of a village panchayat or commune panchayat ent, chairman, member, any officer of the village panchayat council or any servant of the (xii) the lodging and investment / of the moneys of the village panchayat and the conimune pa+hayat council and the manner in which such moneys may be drqwn upon ; (xiii) the transfer of allotments tered in the sanctioned budget of a village panchayat or panchayat council from one head to another ; I (xiv) the estimates of receipts d expenditure, returns, statements and reports to be submitted village panchayat and commune panchayat council ;

(xv) the preparation of plans d estimates for works and the power of village panchayats nd commune panchayat councils and of servants of the Government.totI accord professional or administrative sanction to estimates ; i 9 (xvi) the accounts to be kept b village panchayats and commune panchayat councils, the audit nd publication of such accounts and the conditions under which ate payers may appear before auditors, inspect books and accoun and take exception to items entered or omitted ; 1

(xvii) the powers of auditors to! disallow and surcharge items, appeals against orders of disallovrtance or surcharge, and recovery of sums disallowed or surcharged 1; (xviii) the powers of auditors, and superintending officers and officers authorised to to summon and examine witness and to compel documents and all other matters connected with superintendence;

(xix) the conditions on wbich erty may be acquired by a village panchayat or commune pan t council, or on which propefty vested in or belonging to a vil anchayat or commune panchayat council may be transferred sale, mortgage, lease, exchange or otherwise ;

(xx) the conditions on which nd the mode in which contracts may be made by or on behsrlf f village pgnchayats aad commune panchayat councils ; d I i 1 662 I h~ (mi) the assessment of taxes under this Act and the revision of assessment ; I (xxii) the acceptance in lbu of any tax dw under this Act of any service by way of labour, cartage or otherwise ; I (xxiii) the realisatian of fees due in respect of tbe WG of cart-stands and the' like, whether by the seizure and sale of the vehicle or animal concerned or .any part of its burden, or otherwise; (xxiv) the forms and contents of licences, permissions and t notips granted or iswed under this Act, the manner of their issue or the method of their service and the modification, suspension or cancellation thereof; (xxv) the powers of' ezrecntive authorities and commissioners to call for information on any ~mtttx, to summon and exami~e witnesses, and to compel the production of documeats ; . (xxvi) the use of the facsimiles of the signatures of the executive authorities, commissioners and officers of village panchayats and commune panchayat councils;

(xxvii) the grant to the public of copies of any proxe&gs or record of the village panchayat sr commune pamhayat waacil not relating to any matter classified as confidential by the Government or any authority empowered by it, and the fees to be levied for the grant of such copies; (xxviii) prohibiting or regulating the use for any specified purposes, of any public spring, tank, well or water-course, or of any private spring, tank, well or water-course, with the consent of its owner, or without such consent;

(xxix) regulating contracts between the villa@ psn&8y&ts and the owners or occu iers of private premises for the temval therefrom of rubbish or tf lth, or any kind of rubbish or filth; 1 1 (xxx) the provision of burial ad burning grotand% the licensing of rivate burial and burnipg grounds, the regdat.ion of the use of a P1 grounds so provided or licensed, the closing of any such grounds, and the prohibition of the disposal of corpses except in such grounds or other permitted places ; (xxxi) the licensing of pigs and dogs and the destruction of unlicensed pigs and dogs ; , . (di) the regdatioa or restrictiob of building and the use of sites for building ; 1 1 fltx%3iif the refho~9r~lof e'ncrdach lits of ahy descri tion from pub&%f0&4 vesting in viiikge or cbnhmune pbnci' aybt councils and the repair of any damage caused to such roads by QM @*son otiusing the dathage or at his ~ltpetnsd; 3 (xxniv) ttio detemiintitiofi on public roads or other roperty fidliich8y1tt9 ar oa pram&o kea ot on' MClatrtd by tWlril ;Ilndai secStiois !4? aitd t the prt%uillptiOfiS to be Bp*rh ss regarhi the ovnkrskip of sue$ trees; ! (xxxv) the imposition and of penalties for the un&ath6tidd &tipifion of ubGc r other land vesting in Of btfungihg to vdlage panc i! ayits or une panchayat councils and the assdUffiebt and reeovee of c sation for and damage caused by such occupation; q (Axxvi) the powers which may be xereised by tL village panchay~tor the executive authority or by comrfiune panchayat council or the commissioner in respect of! any public or private Bwkt 6%- the dbr thereaf, &id the mfu ment of atly orders i&liPaad ih p@Hmtlct: of such $owor$ ; I=?! (x-uii) ca&pelling uwnefs of cattlei to stall theifl in cattle- sheds provided by the village panchayat a/d the hes ieviabk in respect thereof; i (ua~iii) the dispdsal bf house-hob and farmyard wsste M tRt: villa@, tht! BCquisitidn bf' land by t& village panchayat fot laying out plots for digging pits in which such waste may be thrown, the assignment of any of those dlots to persans in the via3i&ge, tiad the conditibns subject ta ~hicqsuch assighment may be made, including the tent to be chargd 1 (xxxix) the duties to be discha by village offcers in Mkthn to vi&t@ panebyat$ &id t &tim authorities and to ~Ltftl(lpncHby&t &ti&& and hairbaa a& cammi$- gisaers ; (XL) appeals a$a&t or&?&- g orders granting or refusing licences or permissions) pas r this Acs, and the wfth%tl. *hi& Bppettk &thY dl this Act, br by rules or otherwise should be preseated ; i > 1 664 8

I (mi) the ~lassiffca2iono$ pub& r&ds adfairs ami eival8 &s appertaining to the coMmuner whys~odl @r tb dh6 pincIrayat ;

(x~ii) ting betwas lw~lautfi;taitlcts irt the Union te of th of any tru or hsoiw levied or obtained under this Ac her Act;

(xtiii) thtk d6~isiofi ~f*disputes bet9een tW6 or lll~lfX(t1 1 aqthorities of which aht is a vi1Iap p~chslyator cbmrnunepancbayat council ;

(XL~Y)regulating the rinciples in accordance with which grants and contributions *ag by the Oawmment to the commune panchayat counclls and village panchayats ;

(sv) the BCCOU~~ESgo be kept by owners, mu@t:m and farmers of private markets and the audit and inspection of such Mwunts ;

(XLM) ttia! rriawlnm af pMicW of airy fiatifk%tians IX notices to the pttblic under this Act ; - (x~vii) any other matter which is required to be, or may bc, prescribed.

319. Peaalties for breach of rules.-1n making any rule under tltis Act, tb Oovmnrent may prevkle that a bra~ach theeof shall be p*ktpla with fine whiah mye~tend to om handfed ntfims or ia .ar of a continuiag bra&, with ~@texding Hewn mpcx:s for %very day dwing which tBk bmCh #nQf&um &r Wnvb tion for the first breach.

Bydstws *SB. ee-Inws d 4k ttrek bma.--(f) $iubjsct to @e pXbsrILblis of this of my other law alrd .to such Mes as may be prescriw a villw gw~&ayat or 8 nehagat caaacii may, with the a eval of tb 6) &*~'ws Ft~r ~far@irigout any of puurponc hr constituted.

Extraordinary Gazette No. 11, dated 17th J~maary, 1974. 465 : ,,+ ," i (2) In making a bye-law the v panchayat council may provide that breach thereof shdl be liable to pay as may be fixed by the village panch council not exceeding fifteen rupees or, in not exceeding five rupees for every day continues after a penalty has been levied (3) The Government shall have po the procedure for the making of we-1 and the date on which they shall come I i I Penalties 1 I *321. Punishments for certain offences.-~boever- 1 (a) contravenes any provision of ny of the sections, sub-sections or clauses or other provisions o this Act mentioned in the column 1 of the Table in Schedule Xj I, or (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully m de upon him under any of the sections, sub-sections or clauses or other provisions, i I shall be punishable- i i (i) with fine which may extend to the amount specified in that behalf in column 3 of the Table, and 1 (ii) in the case of a continuing co&avention or failure, with an additional fine which may extend tol the amount specified in column 4 of that Table for every day duridg which such contravention or failure continues after conviction for the first such contravention or failure.

"322. Penalty for acting as member, pkesident, vice-president of a viIIage panchayat or as member, chairm or vice-chairman of a commune pancbsyat council, when disqaslifi$--(I) Whoever acts as a member of a village panchayat or commlpne panchayat council knowing that, under this Act or the rules thereunder, he is not entitled or has ceased to be shall be punishable with fine not for every such offence.

*The section came into force on the 26th of January, 1974 vide Extraordinary Oazette No. 11, dated 17th January, I " (2) , Wbvcf as. ' the, preaidmt; kempdrary presidddt- or aeks . 1I d~la~prddmtof a village pawhayat or sxeroises afly of,Us functlisne I includiag where he is -also the e-xecntive authcxity, any of his I FuncXions as su& ad whxsever acts as the chairmm, temporary chahnpn or vice-chainaan of a c?ornDEutie panchyat council or as eomrniissisn~t ol: exercises any of his funcfitlns as swh knawing that, uncle this &t or the rsles made t ereunder, he is ndt &titled or has ceased to be entitled to hold oki ce as such, or to tmdse such functions, shall be punishable with fine not exceeding one thous~tnd rupees for every saff- offem. (3) Any person who having 'been the president, tempdtary president ar vice-president of a vilktge palicha&@t2or the chairman, temporary chaiman or vice-chairman of 8 commune ptrnchayblS corlnciZ fails to hand over aqy q~u@&ntsof, or any zftOnejf8 or other properties vested in or belonging to, the village pwcrapat or commune panchayat council, which are in or have come into his possession or control, to his strccesso?~in office or other firescritjed authority,- (a) in every case: ass soon as his term of offio~ as such pesidat, temporary preddentl or vbpresident or as such ohairmaa, temporary chairman or vice-chairman expires ; (b) in the o&se of a pason wb me-thO. &ce-president , also on demand by the president; and (c) in the case of a person who was the vice-chairman also on demand by the dai-n, shall be punishable with fine not exceeding one thousand rapees for every such offence.

'323. Ralty for repalsftien by tan o@eer a mmt '~fintt5te& jn ' corn& -.-lf any officer ar other emplo* of a village panchayat 'cs~ commune pnchayqt council knowingdly acquires, directly or indirectly, by himself or by a partner, empbyer or employee, any personal share or interest in any contract OY empfoy- ment with, by or on behalf of, the village panchayat or commune panchayat council, he shall be deemed to have committed an offence under section 168 of the Indian Pew1 Code (Central Act 45 of 1860): Provided that no person shall, by reason of being a share h&Wr irm, or member of, any company;be held to be Shwrested in any contract entered into %&ween such company and 'the vilfhge pamhyst or commune ~panchayat,cquncil unless he is a director of such combanv.*. l' " *The sttctkm came into fom on the 26th day of ~anuary,19'1i vide Extraordinary Gazette Na. 11, dated 17th January, 1974. "325. Prohibi cornmum paacbyat co panchayat or the c molesting the president, the village panchayat, or the c panchayat council or the by the village pawhayat or persoa with whom a contract of the village panchayat or discharge of their duty or or required ta do by virtue rule, bplaw, regulation or order made thetcu ' er, shall be puinsh- able with fine which may extend to 1Ry rus. 1 *326. &oMbitiolr against ~se~ovdor Man Bf notice.- Any person who, without authority in that remaves, destrsys, defaces or otherwise obliterates any notice d or any sign or mark erected by, or under the orders of a panchayat or its executive authority, or by or under the sf commune panchayat council or the commissioner, sha nishable with fine fifty j whkh may extend to rupees. I *327. Penalty for not giving information j or for giving false informstion.-by person required by this Ac by any notice or other proceedinp issued thereunder to furnish infoadon, who omits to f4mish such idormation, ~r fwniJep false information, ' shall be punishable with fine excee1ng one hundred rupees. - \

p*ia d $he &, 1973, or of any . &e tbrw , and bp in ia, the yat or my ~gm:W am

(2) The provislcwas so not%& shalt be construed with such alteratims (not affecting the substance) as may be wwsmq or prom for the ptrrpose of adaptimtg tkm to the pawhayat viw or comma* pmchayutt or specihd t&ka the*.

(3) Without prejudice to the &nerality of the &going p~otfisions, a11 the references, in the provisions so notified, to a municipal council or the chairman thereof shall be construed as . r&erenees to the village panchayatt or commune panchayat cuuncil, the president or chairman thereof, aJI referen* to any officer M other employee of a municipal council as references to thecorrespo~d . ing officer or other employee of the village panchayat or commune council, and all references to the municipal limits as o the Emits of tkpa&amt vilage or eommune panchayat kittherein, as t&e case may be.

*329. Power to remove --If any difficulty arises in jgkiag Nett tu the provbions of this AC~, the Government may, as tb occasion requires, by gene& or special order ia the Ohial Gazette, do anything not inca&stmt with the provisions of this Act which appears to the Government to be necessary for the purpose of I removing the difficulty :

Provided that no such order SM be ma-de un&r this seetion with mkana to any mamr reI&ing to any provisions of this A& tdbx the mation of thee yoars froao the -mencement. Qf tkh Act* I

*330. Pabiication of r&s, colame~cementof rules d aetificatio~s aadplmchg ofrdee and orden oath taBtc ofthe My.-(1) All mbes &E under this Act shaN be publisfied in thc QtgciaI Gazette and, unless they are expressed to come into force an a partidm day, shall come into form on the day on which they are so published.

(2) All notifications issued uder this Act shall, unless they are expressed to come into force on a potrtimhr da , come into force on the day on which they are published in the Od cia1 Gazette. *ThP aioction aum iato Fom on th 26th dpy of Jtinaary, 1874 vMe Exttaordinary Gazette No. 11, &tad 1% January, 1971. e (3) Every rule made under this Act abd every order made under section 329 shall, as soon, as may be after it is mde or issued, be laid before the Legislative Assembly 1 of Pondicherry while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more s4 ccessive sessions, and if before the expiry of the sessipn in is so laid or the successive sessions aforesaid, the modification in the rule or order order should not be made, the effect only in such modified may be, so however, that be without prejudice to under that rule or order. i *331. Power of Government tu make suita le provisions by order when a panchayat village or comittnune panch !yat is created or altered,--(I) fn this section, unless the context 'otherwise! requires,- (a) "existing local authority", in rela to any local area means the municipal council or the having jurisdiction over such area immediately before the I (b)"panchayat" means a village pancbayat or a commune . panchayat council established or deemed to e established far any panchayat village or commune panchayat, as e case may be, under this Act ;*

(c) "specified day" means the day frob which any local area is declared to be a panchayat village under sub-skction (1) of section 3 or a commune panchayat under sub-section (p of section 5 or the day from which a change referred to in any cbf the clauses of sub- section (2) of section 3 or of sub-section (&) of section 5 takes effect ; 1 (d) "successor local authority", in hlatian to. any local area, means the municipal council or the panchqat having jurisdiction over such area from the specified day. i 1 (2) When- Y I ! (a) any local area is commune panehayat, or

*The section came Extraordinary Gazette No. 11, Ih) any local area is added to a panchayat village or cammune panchayat, or (c) any local area is excluded from a panchayat village or commune panchayat, or (4) two or more panchayat villages or commune panchayats are'amzklgamated into one panchayat village or commune panchayat, as tbe case may be, or (el a panchayat village or a commune panchayat is split up into two or more panchayat villages or commune panchayats, as the case may be, tfie Government may, notwithstanding anything contained in this. Act or any other law for the time being in force, by an otder published in the Mcial Gazette, provide for all or any of the following matters, namely :- ,ti) in a case falling under clause (a) or clause (d), the constitution of an interim council consisting of such number of members appointed by the Government or of members elected by the members of the existing Iocal authorities or consisting partly of such appointed members and partly of such elected members, as the Government may determine, until the successor local authority is in due course constituted under this Act ; I (ii) in a case falling under clause (b), the interim increase in tbe number of members eithei by appointment of additional members by the Government or by election by the members of the existipg locai authorities or partly by such appointment and padIy by such election, as the Government may determine, until the successor local authority is in due course constituted under this Act ; (iii) in a case falling under clause (c), the removal of , the members, who in the opinion of the Government, represent the area excluded from the panehayat village or commune panchayat, as fl the case may be ; (iv) in a case falling under clause (el, the appointment of special officers to exercise the powers and to perform the duties and the functions of the successor local authorities, or bodies ut)til such successor local authorities are in due Jourse constituted under this Act ; (v) the term fbr which the members appointed or elected under item (i) or item (ii) or the special officer appointed under item (iv) shall hold offiue and the manner of holding elections and filling casual vacancies ; I (vi) the transfer, in whole or in pa of the assets, rights and liabilities of an existing local authority (ir@uding the rights and liabilities under any agreement or contract i made by It) to any successor local authority or the Governmen! and tee terms and cond&ons far such tmmfet. ; I* (vii) the substitvtion of any existing local authority or the addition of a party to any legal proceeding to which an is a party ; and the transfer of any procee existing local authority or any authority or to any such transferee or any au$hority or

(ix) the continuance within the area of an existing local a~thority of all or any appointments, notifikations, notices, taxes, orders, schemes, licences, permissions, rules, e-laws, regulations or forms made, issued, imposed or granted by, T.or in respect of, such existing local authority and in force withini its area immediately before the specified day, until superseded or mbdified under this Act ; 1 (x) the extension and commenc$ment of all' or any appointments, notifications, notices, taxes, or ers, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, ~mposedor granted by, or in respect of, any xistiw local authority and in force within its area immediately befo Ie the specified day, ta and ia all or any of the other areas of the succ$ssor local authority, in supersession of corresponding appointments, otifications, notices, taxes, orders, schemers, licences, permis~iong, or forms (if any) in foree in such ot speciLd day, until the matters so are further superseded or modified u

(xi) the continuance within the a of an existing local authority of all or any budst estimates, asse nts, assessment lists, valuations, measurements ~r divisions made uthenticated by, or in respect of, such existing Io.cal authority in force within iB am immediately before the specified da ti1 superseded or modifid undw the mkvimt law g (xii) the mmlof any whkh may arise on account of any change referred to in 1 - - iI 1 f3) Wbm aa order is made der suktion (2) tranferring the assets, rigbts an$ bBi4itles of an aisting lag11 authsri&* &baa, by virtue of that arder, such assets, rights and liabilities of the existing lwal authority shall vest in and be tIie assets, rights ad iiab&ks d, tlte trrtn&re. (4) (a) Where an order is made under sub-section (2), the Government shJ1, before the expiry of the term of the mtlnbers or specid appointed or elected ar of the local authority in Whose case the' number of memhrs is reduced, .take steps in accordance with the provisions of this Act, for the purpose of determining the number of members of, and for hulding election for, the new village at ar wrmtluae pn&pyat mncil, ars the case l~layh. fb) tk membrs of the interim qmd# or d Sbe hl authorities in whose case there is an interim increase or reduction in their pumber, or the special office d&a the; ease may h, &If, WIS for which they may have ktl @ce mtit immediately Wwe .Eh+ panehay& or commune paneAayat

(c) we as otherwise rovided by or under this s&i@n, the provisions of this Act shaR so far as osy he apply to any such vihge panchayat or commune panchayat council, its memlxts and spial offioers.

CHAPTEa XII

Rmes AND TRANSITORY PROMS~NS *332. Repeal d saviogs,-3ubject to the provisions af tais Chapter, all laws in force in the Union territory corresponding lcr "the provisions of this Act, induding the French Decrees, dated the 12th Mafch, 1880, 10th May, 1882, 29th October, 1912 and 17th July, 1936, and the Pondicheny Municipal Councils (El , 1966, (Act No. f of $966) sb4i in so far ttnw .are to the areas to which this Act extends, stand repealed as from the commenament of this Act :

Provided that swh repeal shafl wt affect--

(a) the previous operation ef aay law srr net&ed m my- thing duly done or suffered thereunder ; or

qhe oectbn came krkr force en %be lot day @fAugust, 1976 Extraordimzy Gazette No. 342, daftd 29tn July, Wfi. e* (b) any right, privilege, obligati* or liability acquired, accrued or incurred under any law so repealbd ; or I (c) any penalty, forfeiture or dunishment incurred in respect of any offence committed against aay law so repealed ;

* (d) any investigation, legal proceed ng or remedy in respect of any such right, privilege, obligation, lia ility, penalty, forfeiture, or punishment as aforesaid ; iI and any such investigation, legal or remedy may be instituted, continued or enforced and any sbch penalty, forfeiture or punishment may be imposed as if this Act bad not been passed. i *333. 1[(1) Special provisions regarding the term of councillors or members of existing council whose term is hue to expire.-Notwith- standing anything contained in any repale4 law under section 332 (hereinafter referred to as the repealed law) lor in any other law for the time being in force, the term or extendbd term of office of the councillors or members of any existing counc$l shall expire at 12 noon on such date or dates as the Governmeht may, by notification, appoint in that behalf.]

2[(2) Notwithstanding anything contgined in sub-section (I), the Government may, from time to time, b notification, extend the term of office of the councillors or memberf of any existing council for any period beyond 12 noon of the date ppointed by notification under that sub-section but no such extensiod shall be made so as to have effect after the expiry of 3 (two years 'and three months) from I the date so appointed.] g t

1. Re-numbered by Regulation 2 of 1975, section 3, w.e.f. 28-6-1975.

2. Inserted by Regulation 2 of 1975, section ti, w.e.f. 28-6-1975. 1 3. The words '

* The provisions of the original section 334 in the Principal Act * came into force on the 21st day of December, 1 1974 vide Extraordinary Gazette No. 158, dated 21st December 1974. 1 Exp1don.-In this section and in sections 334, 335 and 336, "existing council" means a municipal council (conseil municipal) specified in column 4 of Schedule I and which was functioning immediately before the appointed day. *334. Conseqaences of repIacemeut of existing e0anciIs.-With effect on and from the commencement of this Act and subject to any general or special order which the Government may make in this behalf, the following consequences shall ensue, that is to say-

(a) every local area which immediately before the commencement of this Act is a commune under the law then in force in the Union territory shall be deemed to have been declared as a 1 commune pancbayat, under this Act ; (b) every existing council shall be deemed to be succeeded by the commune panchayat council shown in the corresponding entry in column 3 of Schedule I (hereinafetr referred to as the I successor commune panchayat council) ;

(c) notwithstanding anything contained in this Act, the total number of members of a successor commune panchayat council shall, until the first reconstitution of the commune panchayat eoun4l under this Act, be the same as that of the existing council at the I commencement of this Act. Where in the case of any such commune 1 panchayat council the total number of members thereof exceeds the total number of members notified for the commune panchayat council under clause (d), the Director shall, subject to such directions as the Government may give in this behalf, declare by notification as to which of the members holding office on the date of commencement of this Act shall be deemed to be in excess and any vacancy in the office of members so declared to be in excess shall not be filled; (d) every local area which, immediately before the commence- msnt of this Act, was a ward of a commune under the law then in force in the Union territory shall be deemed to have been declared as a panchayat village under this 4ct ; and the councillor representing the ward shall be deemed to represent such panchayat village : Provided that where the division into wards in the commune needs in the opinion of the Government to be revised to bring it, in accordance with the provisions of this Act, the Government shall by notification, divide the commune into panchayat villages and

*The section came into force on the 26th day of January, 1974 vide Gtraordinary Gazette No. 11, dated 17th January, 1974. determine the panchayat villages which each !of the members of the commune panchayat council including the chairman and vice-~hairman shali be deemed to represent ; and if there i$ any casual vacancy in the office of any member of the existing 1 immediately before the commencement of this Act the said cation shall determine to which of the panchayat vinage the vac all be assigned ;

1 ; (e) l(omitted). I

(f) all property, movable and im~ovable, situated within the local area of a successor commune padchayat council (and all interests of whatever nature and kind in sucq property) which vested in the corresponding existing council immediat ly before the commencement of this Act and which was being 4sed immediately before such commencement for the performance of ]any of the functions or duties which are required to be performed b the succesm commune panchayat council under the provisions of t Itis A&, shall be deemed to be transferred to and shall vest, withoa further assurances, in such successor commune panchayat council, 4ubject to a11 limitations, conditions and rights or interest of any person, body or authority in force or subsisting immediately before th& commencement of this Act ; 4 i 1 (g) afl property, movable and imntovable, situated outside the local areas of a successor commune pan$layat council but within the jurisdiction of another commune panchayat council (hereinafter referred to as the other commune panchayat buncil) (and all interests of whatsoever nature and kind in such pperty) which vested in an existing council immediately before; the cotnrnencement of this Act for the performance of any of the functions or duties which were required to be performed by the existing coupcil under the provisions of r.epealed law, and are not required by ithe successor commune panchayat council for the performance of it1 duties under this Act, shalj be deemed to be transferred to and s@all vest, without further ?fmrances in the other commnzp panchayat council, subject to ail limitations, conditions and rights or interests l of any person, body or authority in force or subsisting immediately before the commencement of this AC~; i ! 1

1. Omitted by Regulation 8 of 1976, section1 3 w.e.f. 12-5-1976. Tbe sub-section which was in foree from 26-1-1974 provided inter alia, for the constitution of an interim vfllage. panchayat until thd viHag~panchyat 1s in due tour* constituted under this Act. I (h) ali property, movable and immovables wherever siturrded (aad all &ems& of whatsoever nature ad End in such p"dpert3) b. wich wtecf irr aa existing council immediately Ware the corn-- merit of this Act and which was being used by it for a Mod which on and from such comzneacement is not rquired to be performed by the successor panchayat council under the provisions of this Act shall be deemed to be transferred to and shdl ves& without fder assurwces, in the Government, subject to all H@a- tions, conditions and rights or interests of any person, body or a in force or subsisting immeciiatdjr before tbe commence- ~ mtnt of this Act :

Provided that the Governpent may, by order, direct that any property vesting in' it under this clause which immediately before tkco~~~~~eacemmt af af A& was bekg used fm the. performance of aay oT the functions or duties of an, existkg coancil and wbicft i aE& st.ach CQ-e-att at.9: required- ta be performed by a viw pmehayat mder this Act, shall be transferred to, and shall vea$ dhont further ,assmces in the l[suocemr coz.tmum panchayrtt counei4 subject &I aU limitations, conditions and rights or interests of an% person, body or authority in fern ur skisting imzaedktely befrtfe *be cummencement of this Aet;

(i) all rights, liabilities and obligations of an existirrg council (including those arising under an agreement or contract) - shall be deemed to be the rights, IiabiIities adobligations of the csficspoding sutxessor commune mnc&ayat~omci1,~t)t &he c~m1ttua6panehayat couacil or the Govmment, acxording zss the folpetion or daty out sf whicfi such rig&@, liabiiith and. oMis have arisen, is required to be performed on and from the c0-w ment of this Act by such successor commune panchayat council,z(omitted) the other commune panchayat council or the Government, as the case msy be ;

CI) all sums due to an existing council, whether w sawat of any tax or otberwiw , shall be rwverable by the sumemr commune panchayat council, ;?(omitted) the other commune panchayat council, or the Government, according as the dut or function out of wkich snch sum has become due, is required to be perr arme$ on md from the commencement of this Act by the successor commune pan&ayat

1. Substituted by Regulation 8 of 1976, section 3, w.e.f. 12-5-1976. 2. Tba words "the. interim ?iltage- pancbtyat'' and 6kterim dkge pm&syat" were omitted by Regulatloa % of 1976, setion 3 w.t.f. 12-SPBTB. council, 2(omitted) the other commune council or the Govern- ment as the case may be, and the une panchayat council, Z(omitted) the other commune panchayat council or the Government, as the case may be, shall be competent to take ny measure or institute any proceedings, which it would have beenfopen to the existing council or any authority thereof to that effectj before the commencement of this Act ; /

i " (k) the fund and liabilities (other] than those specified in the aforesaid clauses) of an existing copncil shall be deemed to be the fund and liabilities of the success@ commune panchayat council ; i

(1) all contracts made with and a9 instruments executed on behalf of an existing council shall be ideemed' to have been made or executed on behalf of the successdr commune panchayat council, l(omitted) the other commune padchayat council or the Government, according as the duty and fmction, as a result of which such contract was made or the instrumebt executed is required on and from the commencement of this Act1 be performed by the successor commune panchayat council, l(omi4ted) the other commune panchayat council or the Government, as the case may be, and shall be performed accordingly ; 1 (m) all proceedings and matters ; pending before any authority functioning under the repealed 1 s immediately before the commencement of this Act, shall be to be transferred to the corresponding authority under this Acq competent to entertain and dispose of such proceedings or matters j ! (n) in all suits and legal pending on the commencement of this Act in or to which aq existing council was a party, the successor commune panchayat coudcil, l(omitted) the other commune panchayat council or the Government, as the case may be, shall be deemed to have been substituted tqerefor ; ! i (0) any appointment, notification, ngtice, tax, order, scheme, licence, permission, rule, bye-law, regulation, or form held, made, issued, imposed or granted by or in respect ,of an existing council under the repealed law in force in the area df such existing council,

1. The words "the interim Wage and ~4nterim village panchayat" were omitted by Regulationw?h$%V6, section 3 w.e.f. 12-5-1976. i I 678 -. and in force immediately before the c~mmencement of this Act shall, in so far as it is not inconsistent with the provisions of this kt, wntinue to be in fom until superseded %y an authority P competent so to do: Provided that- I (i) no rule made under any of the repealed law in respect of an existing council and in force immediately before the commencement of this Act shall be deemed to be inconsistent with the provisions of this Act by reason only of the fact that under this Act is permissible to make only a bye-law or any, other instrument other than a rule in respect of the matter provided fa in such Ae; (ii) the provisions of clause@ of this proviso shall as far as may be apply to any bye-laws, regulations, or any athe-r instruments made under the repeaied law in respect of an existing council and in force immediately before the eommncemnt of this A& ; (p) all budget estimates, assessments, assessment' lists, valuations, measurements and divisions made by or in respect of an existing council under the repealed law and in foree immediately before the commencement of this Act, shall, in so far as they are not inconsistent with- the provisions of this Act, be deemed to have been made by, or in respect of the successor commune panchayat council, l(omitted);

(q) any reference in any law OF in any instrument to any of the provisions of the repealed law shall, unless a different intention appears, be construed as a reference to the awesponding provision of this Act ; (r) any reference in any law or in any instrument to an existing council shall, unless a different intention appears, be construed as a reference to the successsor commune panchayat councif, 2(omitted) the other commune panchayat council or the Government, as the case may be; (s) any reference in the above clauses to an existing council shall, in case such council has been superseded or dissolved or is not otherwise functioning, be deemed to be a reference to the person or persons appointed to exercise the powers and discharge the duties and functions of such council.

1. The words or the "interim village pancbayat" as the case mrty be ware omitted by Regulation 8 of 1976, section 3 w.e.f. 12-5-1976. 2. The words ''interim village panchayat" were omitted by Regulation 8 of 1976, section 3 w.e.f. 12-5-1976. 3MA. Pewas by wbtn certain or &bs are te b petrarnted or bfscbarged.-Where any functionary constituted or apgaintod under the se@d I repeal, performing any function or that law or any other taw, such or discharged by the tuted or appointed under this Act : 1 I i Provided that- I I (i) if any question arises as to whom such corresponding authority or fumtionary is, or I I (ii) if there is no such ccm+esponding !authority or functionary, the Government may, by notification, direct] as to which authority or functionary shall perform such fitaction & discbarge suGh duty, and any such direction may be gives retrQspective effeet from a date not earlicr than the commencement of tbis Act." I 334B.(I) Sueaasor mmrm~e p.wby.t /o exercise powers ad perform fdhsof village p81tcImyat.-Noitwithstanding anything contained ekewhere in this Act or any other law for the time being in force, a successor commune panchayat icouncil shall, until a village panchayat is constituted within its writ ial jurisdiction, exercise all the powers (including the power to impos? any tax) and perform all the functions of such village panchayat. i I (2) Any amount received or expende4 shall be credited or, as the case may be, debited, to the account df the vilkge panchayat concerned, and, for the said purpose, the Cjhairman and the Com- misaiaer of the successor ccrmmune panchayet council shaU perform the fuactions and discharge tke duties of :the President and the execntive authority, respectively, of the villa@ pbayat concerned. 1 (3) On the constitution of a village panchayat in accordance with the provisions of this Act- , (a) the Government may pass such! orders as it deems fit with regard to the transfer to the village pan hayat, from the success cammum panchayat council, of any property,f movable or immovable which has vested in the successrnr cornmun4 panchayat council by vfme of a direction made by the Governhent under the proviso to ciause (b) of section 3%: i *.- *.- I Deemed to have ken inserted w.e.f. 26-131974, Regulation 8"of 1976 section 3. '. Bgg (b) any asset or imaitah swgaired, or liability incurred, by a successor commune pawhayat council on bealf of the village pn~b8ptat any time wkm swh srtoeessor commune panchayat @ ~ollZldhas beell ptrfOZmia& & fU&&hElS Or &SChEg& at2 dl&k~~f I that village panchapat, shall stand transfered to that village paechayat. . ** "335, l?kommm as kfiwe tBe gi~~tSr Act.-+) her emplo existing council shall, on and from the commencement oi this Act 1 be transferred to and become an o&er or other employee of the c s-r cuco~une panchayab cwacii wi€h swh &3a as the commiwhner may determine and sbal1 hsld office hy kb same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the successor corn- panchaysd council .&yi not been dtuted shd continue to do so wless and @I such tmwe, remuneration and P terms and conditions are duly. altered by the successor commune pmcfistyat council: Provided that the tenure, remuneration and terms and conditions of service of any such o&er or otaes employee shall nut Iw altered to his disadvantage without the mvious sa&mofthe Government : Provided further that any service rendered by any such officer . or &M enqhyw befme the eorrrmenamstkt of &is Act. &all be dedto be service rendered u& the stwm~~otcommune panchayat council. (2) The earnmissioner may employ ally officer or other employee transferred to the successor commune panchayat council under stlb-swtiolr (l) in the of swb fwions Act as the comarissioner m proper every s or other employee shall discharge those functions accordindy.

aa mtim 78, it s . s~soreommwle panchayat count4 s~ the interim t to continue to carry out any duty or to look after any ins&tat&m, wtabliahnteM, u work or service, which the existi- wuncil for carrying out, aintaining or looking after immediately before the r nk of this Act, watil .fie G~~~a4by order relieves the successor conrmtme panchayat cauacit ez the interim village panchayat, as the case may be, of such duty or function.

*The section asm ink, fwsm tbe '26th da of Xoamq, 1974 + Entr%ofdir~wyGazette No. 11, dated 17th January, 196. I *SCHEDULE-I I ( See section ,334 ) j SI. Regions Name of the commune #ame of the existing No. panchayat council j municipal council qonseil municipal)

1 Pondicherry Oulgaret commune On1 aret municipal panchayat council ck uncil. I 2 Do. Ariankuppam commune Ari municipal panchayat council 3 Do. Villianur commune Villtanur municipal panchayat council cQuncil. 4 Do. Mannadipet commune. ~akdipet municipal panchayat council council

1 5 Do. Nettapakkam commune Nepapakkam municipal panchayat council cpuncil. 6 Do, Bahour commune panchayat Babour municipal council council.

7 Karaikal Thirunallar commune Thhnallar municipal panchayat council ciouncil. i 8 Do. Kottucherry commune Kottucherry municipal panchayat council qouncil. 9 Do. T.R. Pattinam commune ~.i.Pattinam municipal panchayat council douncil. I 10 Do. Neravy commune pan- Ne+vy hunicipal chayat council aouncil. 11 Do. Nedungadu commune Nebungadu municipal panchayat council qouncil.

*The schedule came into force on the 26th d of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 19$. ! *SCrnrn%f 1 r [ See section 130.(4) ] i HOUSB TAX

Basis of levy Minimam rate per year Muiimurn rateper year 0) (2) (3)

(a) If the tax is levied 1/10 per cent of the 415 per cent of the on the basis of the capital value. capital value. capital value. (b) If the tax is levied 1.315 per cent 16 per cent of the on the basis of the annual value. annual value. annual value. . (c) If the tax is levied on the basis of classified plinth area- (i) Terraced Rs. 1.20 p. for every 10 Rs. 4.80 p."for every 10 square metre or square metre or part thereof of the ~6% thereof of the plinth area. area. (ii) Partly terraced Re. O.&Op. for every 10 Rs. 2.40~.for every 10 and partly tiled square metre or part square pnetre or part or thatched. thereof of the plinth thereof of the plinth area. area. (iii) Tiled Re. 0.64 p. for every 10 Rs. 1.60 p. for every 10 square metre Or pas square metre or part thereof of the plinth thereof of the plinth area. area. (iv) Partly tiled and Re. 0.40~.for every 10 Rs. 1.20 p. for every 10 partly thatched. square metre or part square metre or part thereof of the plinth thereof of the plinth area. area. (v) Thatched Re. 0.32 p. for every 10 Re. 0.80~.for every 10 square metre or part square metre or part thereof of the plinth thereof of the pIinth area. area. " *The schedule camt into force o tL 1st day of A&&, 1976 vide Extraordmary Gazette No. 342, dated 29th July, 1876. I 1 - - 1 - I aximm Minimarm Class Ha@-yearly income tatfyearly iralf-yearly a tax tsx

j R.P. %.P. I More than Rs. 15,000 .. 100.00 80.00 1 I1 More than Rs. 12,000 but not more than Rs. 15,000. .. i 80.00 60.90 I11 More than Rs. 9,000 but not more than : Rs. 12,000 . . I 60.00 40.00

IV More than Rs. 6,000 bat not more than , Rs. 9,000 . . r 40.00 20.00 i V Marethaa Rs. 4,800 but nat mare than Rs. 6,000 . . 20.00 9.60 VI More than Rs. 3,000 but not more than; Rs. 4,800 . . 9.60 4.80 VIE More than Rs. 1,800 but .pot rnm than] Rs. 3,006 . . i 4.80 3.20 I VIII Mare than Rs. 1,200 but not more t Rs. 1,809 IX More than Rs. 600 but not more than Rs. 1,200 X Mme thm Rs. 300 but not mare Rs. 600

I i 684 [See sedion 149) DescrQtion of instrument Amomt on which due be levied Salc of i Me property. The amount or vbdf the consideration for the sale, as set forth in the instrument. 2. Ex,&ange of immovaMe pro- Tbc nlue of the property of P~Y, the greater value , as set forth m the instnmrent. 3. Gift of immovable property. The value of th property, as set forth in the instrument. 4. Mortgage with possession of The amount vnvrd by the immovable property, mtgage, as set forth in the instrument.

5. Lease in perpetuity of An amount qua1 to one-sixth immovftbie property. of the wh& ammat ex value of the rents *it& wadd be paid or deiivered in respect of the first fifty years of the k,as set forth in the instrument.

$'!.KxEr)tfLE-v (See section 153)

Variety 0s tm r&e of sudwge Per YW 1. Coconut tree . . . . Rs, 6 per tree. 2 Sago palm . . .. Rs. 12 per tree. 3. Palm tree . . . . Rs. 2 gef tree.

4. -Dates tree . . *. Rs. 2 per trce. L ~Scb.dule~~f~on.theIstda~of~~5976vfrir ExtraMhq Gazette No. 342, Wed 29th J*. 197a.

$6% (See section 154) i Where the payment for admission inclusiye of the amount of entertainments tax : I I (i) is not more than thirty Not less ?than one-fourth of paise. such $ah;yt and not more one-half of such payment. (ii) is more than thirty paise Not less ; than one-third and but is not more than not mo+ than two-thirds of one rupee and fifty paise. such pa$ment. .

(iii) is more than one rupee Not less 1 than two-fifths and and fifty paise. not mole than four-fifths of such payment. 3 I *SCHEDULE-VII 1 (See section 155) Exhibitions held in'commune Not less th n orie rupee and fifty panchayats. paise a dd not more than four rupees qnd fifty paise more for every show.

(See section 167)

Warrant No. To (Name of officer charged with executioni of warrant). (State tax or taxes due and premises, if any, in respect of which the tax or taxes are due). Whereas of has not paid or shown suflicient cause for t$e non-payment of the sum of Rs. P. due for the tax Qr taxes noted above for the ending 1 19 1 *The schedule came into force on the 1st ay of August, 1976 vide Extnmrdinary Gazette No. 342, datcd 29th futy 197 **Theschedule came into force on the 26thi day of January, 1974 vide Extraordinary Gazette No. /I , dated 17th January 197f. 1 ,(Although the said sum has bees dnly demanded from the said and fifteen have days elapsed since such demand was made). *(Although %teen days have elapsed since the commencement of the half-year to which the house tax relates). T,his is to command you to demand the said sum of Rs. P. together with Rs. P. being the fee for service of notice or bill of demand and twelve paise for warrant fee, failing payment of which you are to distrain the goods and chattels of the said (or, as the case may be, any goods and chattels found on the premises referred to), to the amount of the said sum of Rs. P. together with Rs. P. for service of notice or bill of demand, warrant fee and distraint fee making together a sum of Rs. P. and such further sum as may be sdicient to defray the charges of keeping and selling such distraint ; and if within seven days next after such distraint, the amount due on account of the said tax or taxes and fees shall not be paid, together with such furhter sum as may be sufficient to defray the charges of keeping such distraint, to sell the said goods and chattels under orders to be hereafter issued by me, and to remit to the village panchayat/commune panchayat council the sale proceeds of the distrained property, out of which tbe atnoun, due on mount of the said taxes and fees, viz. Rs. 9. and the charges on keeping, and selling such distrsint shall be deducted and credited to the village panchayat fund/commune panchayat fund and the surplus, if any, returned to the owner of the goods and chattels distrained. If distraint or sufficient distraint cannot be found of the goods and chattels of the said you are to certify the same to me together with this warrant.

Station :

Date : 19 . Signature of the Commissioner. * Strike off one of the alternativeseas necessary.

*The schedule came into force on the 26th day of Extraordinary Gazette No. 11, datad 17th Janoa~y, 1974. 1 (See &ion 167) i

TABLEOF FEES PAYAW ON DIS&TS

Sum distrained fm Fees. I

1 Rs. P. Under 1 rupee . . . . !+ . . 0 25 1 1 rupee and over but under 5 rupee . . i. .. 050

i1 5 rupees adover but under I0 rupees i. . . . 100 ! 10 rupees and over but under 15 rupees l. . . . 1 50 I 15 rupees and over but under 20 rupees 1. . . . 2 00 i i 20 rupees &dover but under 25 rupees 1.. . . 2 50

25 rupees and over but under 30 rupees I. . . . 3 00 I 30 rupees and over but u~trlw35 rupees i. . . . 3 50 i 35 rupees and over but under 40 rupees . . . . 4 00

40 rupees and over but under 45 rupees $. . . . 4 50

45 rupees and over but under 50 rupees , . . . . 5 00 50 rupees and over but under 60 rupees . . . . 6 00 60 rupees and over but under 80 rupees . . . . 7 50 80 rupees and over but under 100 rupees 1 . . . . 9 00

100 rupees and over . . .. I .. . 1000 The above charges include all expenses,: except when persons are kept in charge of property distrained, In which case twenty paise shall be paid daily for- each such person.1 - +The schedluk came into favz on &e 25 f -w, 1974 vide Extraordinary Gazette I%. 11, dated 1% ktim of Persons by whom Q&ce Indian Penal oflence may be Code ap#iqabEe compounded (1) , (2) (31 - Clrrusiag hurt . . . . 323,334 The person to whomi the hurt is caused. Assa'uIt' or use of crimi- 332,333 The person aswultpd -1 fu~. or to whom eri@i- nal force is used. Miaief, when the onty 426 The person do wk"y"p km or damage caused loss or detawgc a is 10% or damage to caused. @ private pawn. . bult intend& to provoke 3% The perwn insulted.

-*,,=2k~fuli:m-*. - .-h -.-. ".------.- ". I IC-CC-. - *rht"rizCrheduksaxnt haface pi #I$I&h + of 3474 R&& . WmOaziette No. 11, dated l9@1 Jamary, 1894.

a w 1 <* * * L* , SCHEDULEbXII 1 (See section 321) PENALTIES Explmatioa-The entries in calumn 2 the bllowing Table headed 'Subject' are not intended as defin tions of the offences prescribed in the provisions meatiomd in co umn 1 or even as abstracts of%those prolrisions but are insertedi merely as refe*nce to the subject thereof. Fine Dailyfine Section, sub-section Subject which or clause may be imposed (1) (2) (4) 1 1 Rs. Rs. * Section '% Failure to obey 1 5500 50 sub-section (1). requisition to fence off, take down, 1 secure or repair i dangerous struc- I ture. 1 * Section 91 Failure to obey 50 10 sub-section (1). requisition to secure, lop or 1 cut down dangerous trees. 3 i * Section 92 Failure . to obey j 50 10 requisition fence to building or land or trim, prune or cut hedges and trees or lower an en- 1 closing wall. I * Section 93 Unlawfuf building ] 100 20 sub-section (t), of wall or erect- 1 clause (a). ing of fence, etc., 1 in or over public

C road.

*The schedule came finto fom on 'the 'of lm- 1974 vide Extraotdinaj Gabtte No. 11, dated 17th

" 69Q i " Daily Fine Sectfm, sub-secr2on Swbhct whick which$ne w clause may be kybe imposed imposed .f (4). (1) (-2) (3) Rs . Rs. . * Secxon 93 Unlawful making of 50 I0 I sub-section (I). hole or- deposit- ," clause (b). ing of matter in or upon public - road. .I * ~p"*a* * Seetion 93 Unlawful quarrying 50 sub-section (I), in any glace near . 10 clause (c). public road, ete. * Section 93 Unlawful' erection of 200 sub-section (I), building over 50 clause (d). drain. * Section 93 Planting of trees 200 . . suti-section (I), without permission dause (e). on any public road or other 3, property vested in a i village panchayat or commune panchayat council. Section 93 Felling, etc., with- 200 . . sub-section out permission dause (0. of trees growing on public road or other property vested * in a village pawhayat of on a poramboke or lad, the use of which is regulated by it under section 97. Sec.r{ott, wB-secfCtl Subj@ct or clause

* Sectian 101 Failure to dosg plm of puMi~ entertainment.

* Section 102 Sending infected child to schd.

* Section 104 Filure ta .give fn- formation of small-mx. * Section 105 Failure to 'obey sub-section (1). requisition to fill ' in, etc., tank or other place dangerous to public health or safety. * Section 106 Failure to obey sub-section (1). requisition to clear or cleanse, etc., building or land in filthy state or overgrown with noxious vegetation. * Section 110 Opening; a new pri- sub-section (1). vate market or continuing $0 keep open a private market without limcer or contrary to licence.

*The schedule came into fope on the 26t Extraord'iry Gazette Na. 11, datisQ 17th Januan

SectZrjn, sub-section sr claztse

* Section 120 sub-section (2). etc., of number of buildings.

* Section 120 sub-section (3). required to do so. ** Section 121

** Section 122 Unlawful erection 1,000

* Section 229

y of September, 1974 vide -